iranian constitution

7/21/2019 Iranian Constitution

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Iran - Constitution

{ Adopted on: 24 Oct 1979 }{ Effective since: 3 Dec 1979 }{ Amended on: 28 July 1989 }{ !" Document #t$tus: 1992 }

{ Editor's Note

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PreambleThe Constitution of the Islamic Republic of Iran advances the cultural, social, political, andeconomic institutions of Iranian society based on Islamic principles and norms, which representan honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of thegreat Islamic Revolution of Iran, and by the course of the Muslim people s struggle, from itsbeginning until victory, as reflected in the decisive and forceful calls raised by all segments of thepopulations. !ow, at the threshold of this great victory, our nation, with all its beings, see"s itsfulfillment.

The basic characteristic of this revolution, which distinguishes it from other movements that haveta"en place in Iran during the past hundred years, is its ideological and Islamic nature. #fterexperiencing the anti$despotic constitutional movement and the anti$colonialist movementcentered on the nationali%ation of the oil industry, the Muslim people of Iran learned from thiscostly experience that the obvious and fundamental reason for the failure of those movementswas their lac" of an ideological basis. #lthough the Islamic line of thought and the directionprovided by militant religious leaders played an essential role in the recent movements,nonetheless, the struggles waged in the course of those movements &uic"ly fell into stagnationdue to departure from genuine Islamic positions. Thus it was that the awa"ened conscience of the

nation, under the leadership of Imam 'humayni, came to perceive the necessity of pursuing agenuinely Islamic and ideological line in its struggles. #nd this time, the militant ulama of thecountry, who had always been in the forefront of popular movements, together with the committedwriters and intellectuals, found new impetus by following his leadership.

The Dawn of the MovementThe devastating protest of Imam 'humayni against the #merican conspiracy "nown as the ./&ite0evolution . which was a step intended to stabili%e the foundations of despotic rule and toreinforce the political, cultural, and economic dependence of Iran on world imperialism, broughtinto being a united movement of the people and, immediately afterwards, a momentous revolutionof the Muslim nation in (une )*+ . #lthough this revolution was drowned in blood, in reality itheralded the beginning of the blossoming of a glorious and massive uprising, which confirmed thecentral role of Imam 'humayni as an Islamic leader. -espite his exile from Iran after his protest

against the humiliating law of capitulation which provided legal immunity for #merican advisers/,the firm bond between the Imam and the people endured, and the Muslim nation, particularlycommitted intellectuals and militant ulama , continued their struggle in the face of banishmentand imprisonment, torture and execution.

Throughout this time, the conscious and responsible segment of society was bringingenlightenment to the people from the strongholds of the mos&ues, centers of religious teaching,and universities. -rawing inspiration from the revolutionary and fertile teachings of Islam, theybegan the unrelenting yet fruitful struggle of raising the level of ideological awareness and

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revolutionary consciousness of the Muslim people. The despotic regime which had begun thesuppression of the Islamic movement with barbaric attac"s on the 0aydiyyah Madrasah, TehranUniversity, and all other active centers of revolution, in an effort to evade the revolutionary angerof the people, resorted to the most savage and brutal measures. #nd in these circumstances,execution by firing s&uads, endurance of medieval tortures, and long terms of imprisonment werethe price our Muslim nation had to pay to prove its firm resolve to continue the struggle. TheIslamic Revolution of Iran was nurtured by the blood of hundreds of young men and women,infused with faith, who raised their cries of .All$&u A +$'. at daybrea" in execution yards, or weregunned down by the enemy in streets and mar"etplaces. Meanwhile, the continuing declarationsand messages of the Imam that were issued on various occasions, extended and deepened theconsciousness and determination of the Muslim nation to the utmost.

Islamic GovernmentThe plan of the Islamic government as proposed by Imam 'humayni at the height of the period of repression and strangulation practiced by the despotic regime, produced a new specific, andstreamline motive for the Muslim people, opening up before them the true path of Islamicideological struggle, and giving greater intensity to the struggle of militant and committed Muslimsboth within the country and abroad.

The movement continued on this course until finally popular dissatisfaction and intense rage ofthe public caused by the constantly increasing repression at home, and the pro1ection of thestruggle at the international level after exposure of the regime by the ulama and militantstudents, shoo" the foundations of the regime violently. The regime and its sponsors werecompelled to decrease the intensity of repression and to .li+e'$li e. the political atmosphere ofthe country. This, they imagined, would serve as a safety valve, which would prevent theireventual downfall. 2ut the people, aroused, conscious, and resolute under the decisive andunfaltering leadership of the Imam, embar"ed on a triumphant, unified, comprehensive, andcountrywide uprising.

The Wrath of the PeopleThe publication of an outrageous article meant to malign the revered ulama and in particularImam 'humayni on 3 (an )*34 by the ruling regime accelerated the revolutionary movement and

caused an outburst of popular outrage across the country. The regime attempted to &uiet the heatof the people s anger by drowning the protest and uprising in blood, but the bloodshed only&uic"ened the pulse rate of the Revolution. The seventh$day and fortieth$day commemorations of the martyrs of the Revolution, li"e a series of steady heartbeats, gave greater vitality, intensity,vigor, and solidarity to this movement all over the country. In the course of this popularmovement, the employees of all government establishments too" an active part in the effort tooverthrow the tyrannical regime by calling a general stri"e and participating in streetdemonstrations. The widespread solidarity of men and women of all segments of society and ofall political and religious factions, played a clearly determining role in the struggle. 5specially thewomen were actively and massively present in a most conspicuous manner at all stages of thisgreat struggle. The common sightof mothers with infants in their arms rushing towards the scene of battle and in front of the barrelsof machine$guns indicated the essential and decisive role played by this ma1or segment of societyin the struggle.

The Price the Nation Paid #fter slightly more than a year of continuous and unrelenting struggle, the sapling of theevolution, watered by the blood of more than +6,666 martyrs and )66,666 wounded and disabled,not to mention property damage, came to bear fruit amidst the cries of . ndependence 5'eedom

sl$mic (ove'nment . This great movement, which attained victory through reliance upon faith,unity, and the decisiveness of its leadership at every critical and sensitive 1uncture, as well as theself$sacrificing spirit of the people, succeeded in upsetting all the calculations of imperialism and

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destroying all its connections and institutions, thereby opening a new chapter in the history of all$embracing popular revolutions of the world.

7n )8 and ) 0eb )*3*, the world witnessed the collapse of the monarchical regime. -omestictyranny and foreign domination, both of which were based upon it, were shattered. This greatsuccess 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 theIslamic Republic, to bring about a new political system, that of the Islamic Republic. # ma1ority of*4.89 of the people voted for this system. The Constitution of the Islamic Republic of Iran, settingforth as it does the political, social, cultural, and economic institutions and their relations that areto exist in society, must now provide for the consolidation of the foundations of Islamicgovernment, and propose the plan of a new system of government to be erected on the ruins ofthe previous order.

The Form of Government in IslamIn the view of Islam, government does not derive from the interests of a class, nor does it servethe 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 outloo", ta"ing an organi%ed form in order toinitiate the process of intellectual and ideological evolution towards the final goal, i.e., movementtowards #llah. 7ur nation, in the course of its revolutionary developments, has cleansed itself ofthe dust and impurities that accumulated during the past and purged itself of foreign ideologicalinfluences, returning to authentic intellectual standpoints and world$view of Islam. It now intendsto establish an ideal and model society on the basis of Islamic norms. The mission of theConstitution is to reali%e the ideological ob1ectives of the movement and to create conditionsconducive to the development of man in accordance with the noble and universal values of Islam.

:ith due attention to the Islamic content of the Iranian Revolution, the Constitution provides thenecessary 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 andpopular movements to prepare the way for the formation of a single world community in

accordance with the 'oranic verse .%&is you' community is $ sin(le community $nd $m you'"o'd so )o's&ip 6e. ;8)<*8=/, and to assure the continuation of the struggle for the liberation ofall deprived and oppressed peoples in the world.

:ith due attention to the essential character of this great movement, the Constitution guaranteesthe re1ection of all forms of intellectual and social tyranny and economic monopoly, and aims atentrusting the destinies of the people to the people themselves in order to brea" completely withthe system of oppression. This is in accordance with the 'oranic verse . e 'emoves f'om t&emt&ei' +u'dens $n t&e fette's t&$t )e'e upon t&em. ;3<)>3=/.

In creating, on the basis of ideological outloo", the political infrastructures and institutions that arethe foundation of society, the righteous will assume the responsibility of governing andadMinistering the country in accordance with the 'oranic verse . e'ily 6y 'i(&teous se'v$nts

s&$ll in&e'it t&e e$'t&. ;8)<)6>=/. ?egislation setting forth regulations for the administration ofsociety will revolve around the 'oran and the @unnah. #ccordingly, the exercise of meticulousand earnest supervision by 1ust, 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 progressestowards the establishment of a -ivine order in accordance with the 'oranic phrase .And to)$'d

od is t&e ou'neyin(. ; 84=/A and to create favorable conditions for the emergence andblossoming of man s innate capacities, so that the theomorphic dimensions of the human beingare manifested in accordance with the in1unction of the Brophet @/ .6ould you'selves $cco'din( to t&e Divine mo'$lity. /A this goal cannot be attained without the active and broad participation ofall segments of society in the process of social development.

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:ith due attention to this goal, the Constitution provides the basis of such participation by allmembers of society at all stages of the political decision$ma"ing process on which the destiny ofthe country depends. In this way during the course of human development towards perfection,each individual will himself be involved in, and responsible for the growth, advancement, andleadership of society. Brecisely in this lies the reali%ation of the holy government upon earth inaccordance with the 'oranic verse .And )e )is& to s&o) f$vo' to t&ose )&o &$ve +eenopp'essed upon e$'t& $nd to m$ e t&em le$de's $nd t&e in&e'ito's,. ;84<>=/.

The Brinciples of overnance of the (ust Doly Berson In "eeping with the principles ofgovernance and the perpetual necessity of leadership, the Constitution provides for theestablishment of leadership by a holy person possessing the necessary &ualifications andrecogni%ed as leader by the people this is in accordance with the saying .%&e di'ection of $ff$i'sis in t&e &$nds of t&ose )&o $'e le$'ned conce'nin( od $nd $'e t'ust)o't&y in m$tte's

pe't$inin( to )&$t e pe'mits $nd fo'+ids. /. @uch leadership will prevent any deviation by thevarious organs of @tate from their essential Islamic duties.

The conom! is a Means" Not an ndIn strengthening the foundations of the economy, the fundamental consideration will be fulfillmentof 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 ofwealth and maximi%ation of profit. In materialist schools of thought, the economy represents anend in itself, so that it comes to be a subversive and corrupting factor in the course of man sdevelopment. In Islam, the economy is a means, and all that is re&uired of a means is that itshould be an efficient factor contributing to the attainment of the ultimate goal.

0rom this viewpoint, the economic program of Islam consists of providing the means needed forthe emergence of the various creative capacities of the human being. #ccordingly, it is the duty ofthe Islamic government to furnish all citi%ens with e&ual and appropriate opportunities, to providethem with wor", and to satisfy their essential needs, so that the course of their progress may beassured.

Woman in the Constitution

Through the creation of Islamic social infrastructures, all the elements of humanity that served themultifaceted foreign exploitation shall regain their true identity and human rights. #s a part of thisprocess, it is only natural that women should benefit from a particularly large augmentation oftheir rights, because of the greater oppression that they suffered under the old regime.

The family is the fundamental unit of society and the main center for the growth and edification ofhuman being. Compatibility with respect to belief and ideal, which provides the primary basis forman s development and growth, is the main consideration in the establishment of a family. It is theduty 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 ob1ect or instrument in theservice of promoting consumerism and exploitation. !ot only does woman recover thereby hermomentous and precious function of motherhood, rearing of ideologically committed humanbeings, she also assumes a pioneering social role and becomes the fellow struggler of man in all

vital areas of life. iven the weighty responsibilities that woman thus assumes, she is accorded inIslam great value and nobility.

#n Ideolo$ical #rm!In the formation and e&uipping of the country s defence forces, due attention must be paid to faithand ideology as the basic criteria. #ccordingly, the #rmy of the Islamic Republic of Iran and theIslamic Revolutionary uards Corps are to be organi%ed in conformity with this goal, and they willbe responsible not only for guarding and preserving the frontiers of the country, but also forfulfilling the ideological mission of 1ihad in od s wayA that is, extending the sovereignty of od slaw throughout the world this is in accordance with the 'oranic verse .;'ep$'e $($inst t&em

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)&$teve' fo'ce you $'e $+le to muste' $nd st'in(s of &o'ses st'i in( fe$' into t&e enemy of od$nd you' enemy $nd ot&e's +esides t&em. ;4<+6=/.

The %udiciar! in the ConstitutionThe 1udiciary is of vital importance in the context of safeguarding the rights of the people inaccordance with the line followed by the Islamic movement, and the prevention of deviations

within the Islamic nation. Brovision has therefore been made for the creation of a 1udicial systembased on Islamic 1ustice and operated by 1ust 1udges with meticulous "nowledge of the Islamiclaws. This system, because of its essentially sensitive nature and the need for full ideologicalconformity, must be free from every "ind of unhealthy relation and connection this is inaccordance with the 'oranic verse ./&en you ud(e $mon( t&e people ud(e )it& ustice. ;E<>4=/.

&ecutive Power Considering the particular importance of the executive power in implementing the laws andordinances of Islam for the sa"e of establishing the rule of 1ust relations over society, andconsidering, too, its vital role in paving the way for theattainment of the ultimate goal of life, the executive power must wor" toward the creation of anIslamic society. Conse&uently, the confinement of the executive power within any "ind of complex

and inhibiting system that delays or impedes the attainment of this goal is re1ected by Islam.Therefore, the system of bureaucracy, the result and product of old forms of government, will befirmly cast away, so that an executive system that functions efficiently and swiftly in the fulfillmentof its administrative commitments comes into existence.

Mass-Communication MediaThe mass$communication media, radio and television, must serve the diffusion of Islamic culturein pursuit of the evolutionary course of the Islamic Revolution. To this end, the media should beused as a forum for healthy encounter of different ideas, but they must strictly refrain fromdiffusion and propagation of destructive and anti$Islamic practices.

It is incumbent on all to adhere to the principles of this Constitution, for it regards as its highestaim 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 theconstruction of Islamic society by selecting competent and believing officials and "eeping closeand constant watch on their performance. They may then hope for success in building an idealIslamic society that can be a model for all people of the world and a witness to its perfection inaccordance with the 'oranic verse .%&us /e m$de you $ medi$n community t&$t you mi(&t +e)itnesses to men. ;8<)E =/.

'epresentativesThe #ssembly of 5xperts, composed of representatives of the people, completed its tas" offraming the Constitution, on the basis of the draft proposed by the government as well as all theproposals received from different groups of the people, in one hundred and seventy$five articlesarranged in twelve chapters, in )*3*, and in accordance with the aims and aspirations set outabove, 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

#rticle ( )Form of Government*The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran onthe basis of their longstanding belief in the sovereignty of truth and 'oranic 1ustice, in thereferendum of 8* and 6 March )*3*, through the affirmative vote of a ma1ority of *4.89 ofeligible voters, held after the victorious Islamic Revolution led by Imam 'humayni.

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#rticle + )Foundational Principles*The Islamic Republic is a system based on belief in<)/ the 7ne od as stated in the phrase .%&e'e is no (od e*cept All$&. /, Dis exclusivesovereignty and right to legislate, and the necessity of submission to Dis commandsA 8/ -ivinerevelation and its fundamental role in setting forth the lawsA

/ the return to od in the Dereafter, and the constructive role of this belief in the course of man sascent towards odAE/ the 1ustice of od in creation and legislationA>/ continuous leadership and perpetual guidance, and its fundamental role in ensuring theuninterrupted process of the revolution of IslamA +/ the exalted dignity and value of man, and hisfreedom coupled with responsibility before odA in which e&uity, 1ustice, political, economic,social, and cultural independence, and national solidarity are secured by recourse to< a/continuous leadership of the holy persons, possessing necessary &ualifications, exercised on thebasis of the 'oran and the @unnah, upon all of whom be peaceAb/ sciences and arts and the most advanced results of human experience, together with the effortto advance them furtherAc/ negation of all forms of oppression, both the infliction of and the submission to it, and ofdominance, both its imposition and its acceptance.

#rticle , ) tate Goals*In order to attain the ob1ectives specified in #rticle 8, the government of the Islamic Republic ofIran has the duty of directing all its resources to the following goals< )/ the creation of a favorableenvironment for the growth of moral virtues based on faith and piety and the struggle against allforms of vice and corruptionA8/ raising the level of public awareness in all areas, through the proper use of the press, massmedia, and other meansA

/ free education and physical training for everyone at all levels, and the facilitation andexpansion of higher educationAE/ strengthening the spirit of in&uiry, investigation, and innovation in all areas of science,technology, and culture, as well as Islamic studies, by establishing research centers andencouraging researchersA>/ the complete elimination of imperialism and the prevention of foreign influenceA+/ the elimination of all forms of despotism and autocracy and all attempts to monopoli%e powerA3/ ensuring political and social freedoms within the framewor" of the lawA4/ the participation of the entire people in determining their political, economic, social, and culturaldestinyA*/ the abolition of all forms of undesirable discrimination and the provision of e&uitableopportunities for all, in both the material and the intellectual spheresA)6/ the creation of a correct administrative system and elimination of superfluous governmentorgani%ationsA))/ all round strengthening of the foundations of national defence to the utmost degree by meansof universal military training for the sa"e of safeguarding the independence, territorial integrity,and the Islamic order of the countryA)8/ the planning of a correct and 1ust economic system, in accordance with Islamic criteria, inorder to create welfare, eliminate poverty, and abolish all forms of deprivation with respect tofood, housing, wor", health care, and the provision of social insurance for allA

) / the attainment of self$sufficiency in scientific, technological, industrial, agricultural, andmilitary domains, and other similar spheresA )E/ securing the multifarious rights of all citi%ens,both women and men, and providing legal protection for all, as well as the e&uality of all beforethe lawA)>/ the expansion and strengthening of Islamic brotherhood and public cooperation among all thepeopleA)+/ framing the foreign policy of the country on the basis of Islamic criteria, fraternal commitmentto all Muslims, and unsparing support to the freedom fighters of the world.

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#rticle . )Islamic Principle* #ll civil, penal financial, economic, administrative, cultural, military, political, and other laws andregulations must be based on Islamic criteria. This principle applies absolutely and generallyto all articles of the Constitution as well as to all other laws and regulations, and the wise personsof the uardian Council are 1udges in this matter.

#rticle / )0ffice of 'eli$ious 1eader*-uring the occultation of the :ali al$ #sr may od hasten his reappearance/, the leadership ofthe Ummah devolve upon the 1ust and pious person, who is fully aware of the circumstances ofhis age, courageous, resourceful, and possessed of administrative ability, will assume theresponsibilities of this office in accordance with #rticle )63 .

#rticle 2 )#dministration of #ffairs*In the Islamic Republic of Iran, the affairs of the country must be administered on the basis ofpublic opinion expressed by the means of elections, including the election of the Bresident, therepresentatives of the Islamic Consultative #ssembly, and the members of councils, or by meansof referenda in matters specified in other articles of this Constitution.

#rticle 3 )Consultative 4odies*

)/ In accordance with the command of the 'oran contained in the verse .%&ei' $ff$i's $'e +yconsult$tions $mon( t&em. ;E8< 4= and .!onsult t&em in $ff$i's. ; <)>*=, consultative bodies $$such as the Islamic Consultative #ssembly, the Brovincial Councils, and the City, Region, -istrict,and Fillage Councils and the li"es of them $$ are the decision$ma"ing and administrative organsof the country.

8/ The nature each of these councils, together with the manner of their formation, their 1urisdiction, and scope of their duties and functions, is determined by the Constitution and lawsderived from it.

#rticle 5 )Communit! Principle*In the Islamic Republic of Iran, Gal$ amr bilma ruf wa al$nahy an al$mun"arG is a universal andreciprocal 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 'oranicverse .%&e +elieve's men $nd )omen $'e (u$'di$ns of one $not&e'< t&ey en oin t&e (ood $ndfo'+id t&e evil,. ;*<3)=/

#rticle 6 )Independence Principle*In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of thecountry are inseparable from one another, and their preservation is the duty of the governmentand all individual citi%ens. !o individual, group, or authority, has the right to infringe in theslightest way upon the political, cultural, economic, and military independence or the territorialintegrity of Iran under the pretext of exercising freedom. @imilarly, no authority has the right toabrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, underthe pretext of preserving the independence and territorial integrity of the country.

#rticle (7 )Famil! Principle*@ince the family is the fundamental unit of Islamic society, all laws, regulations, and pertinentprograms must tend to facilitate the formation of a family, and to safeguard its sanctity and thestability of family relations on the basis of the law and the ethics of Islam.

#rticle (( )8nit! of Islam Principle*In accordance with the sacred verse of the 'oran .%&is you' community is $ sin(le community$nd $m you' "o'd so )o's&ip 6e. ;8)<*8=, all Muslims form a single nation, and the government

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of the Islamic Republic of Iran have the duty of formulating its general policies with a view tocultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bringabout the political, economic, and cultural unity of the Islamic world.

#rticle (+ )0fficial 'eli$ion*The official religion of Iran is Islam and the Twelver (a fari school, and this principle will remain

eternally immutable. 7ther Islamic schools are to be accorded full respect, and their followers arefree to act in accordance with their own 1urisprudence in performing their religious rites. Theseschools en1oy 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 thecountry where Muslims following any one of these schools constitute the ma1ority, localregulations, within the bounds of the 1urisdiction of local councils, are to be in accordance with therespective school, without infringing upon the rights of the followers of other schools.

#rticle (, )'eco$ni9ed 'eli$ious Minorities*Horoastrian, (ewish, and Christian Iranians are the only recogni%ed religious minorities, who,within the limits of the law, are free to perform their religious rites and ceremonies, and to actaccording to their own canon in matters of personal affairs and religious education.

#rticle (. )Non-Muslims: 'i$hts*In accordance with the sacred verse . od does not fo'+id you to de$l indly $nd ustly )it& t&ose)&o &$ve not fou(&t $($inst you +ec$use of you' 'eli(ion $nd )&o &$ve not e*pelled you f'omyou' &omes. ;+6<4=, 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 1usticeand e&uity, and to respect their human rights. This principle applies to all who refrain fromengaging in conspiracy or activity against Islam and the Islamic Republic of Iran.

Chapter II The 0fficial 1an$ua$e" cript" Calendar" and Fla$ of the Countr!

#rticle (/ )0fficial 1an$ua$e*The 7fficial ?anguage and script of Iran, the lingua franca of its people, is Bersian. 7fficialdocuments, correspondence, and texts, as well as text$boo"s, must be in this language and

script. Dowever, the use of regional and tribal languages in the press and mass media, as well asfor teaching of their literature in schools, is allowed in addition to Bersian.

#rticle (2 )#rabic 1an$ua$e*@ince the language of the 'oran and Islamic texts and teachings is #rabic, and since Bersianliterature is thoroughly permeated by this language, it must be taught after elementary level, in allclasses of secondary school and in all areas of study.

#rticle (3 )0fficial Calendar*The 7fficial Calendar of the country ta"es as its point of departure the migration of the Brophet ofIslam $$ od s peace and blessings upon him and his 0amily. 2oth the solar and lunar Islamiccalendars are recogni%ed, but government offices will function according to the solar calendar.The official wee"ly holiday is 0riday.

#rticle (5 )0fficial Fla$*The 7fficial 0lag of Iran is composed of green, white, and red colors, with the special emblem ofthe Islamic Republic, together with the @tate Motto.

Chapter III The 'i$hts of the People

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#rticle (6 )No Discrimination" No Privile$es* #ll people of Iran, whatever the ethnic group or tribe to which they belong, en1oy e&ual rightsAcolor, race, language, and the li"e, do not bestow any privilege.

#rticle +7 ) ;ualit! 4efore 1aw* #ll citi%ens of the country, both men and women, e&ually en1oy the protection of the law and en1oy

all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

#rticle +( )Women:s 'i$hts*The government must ensure the rights of women in all respects, in conformity with Islamiccriteria, and accomplish the following goals<)/ create a favorable environment for the growth of woman s personality and the restoration of her rights, both the material and intellectualA8/ the protection of mothers, particularly during pregnancy and child$rearing, and the protection of children without guardiansA

/ establishing competent courts to protect and preserve the familyAE/ the provision of special insurance for widows, aged women, and women without supportA>/ the awarding of guardianship of children to worthy mothers, in order to protect the interests ofthe children, in the absence of a legal guardian.

#rticle ++ )<uman Di$nit! and 'i$hts*The dignity, life, property, rights, residence, and occupation of the individual are inviolate, exceptin cases sanctioned by law.

#rticle +, )Freedom of 4elief*The investigation of individuals beliefs is forbidden, and no one may be molested or ta"en to tas"simply for holding a certain belief.

#rticle +. )Freedom of the Press*Bublications and the press have freedom of expression except when it is detrimental to thefundamental principles of Islam or the rights of the public. The details of this exception will bespecified by law.

#rticle +/ ) ecrec! of Communication*The inspection of letters and the failure to deliver them, the recording and disclosure of telephoneconversations, the disclosure of telegraphic and telex communications, censorship, or the wilfulfailure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, exceptas provided by law.

#rticle +2 )Freedom of #ssociation*The formation of parties, societies, political or professional associations, as well as religioussocieties, whether Islamic or pertaining to one of the recogni%ed religious minorities, is permittedprovided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. !o one may be preventedfrom participating in the aforementioned groups, or be compelled to participate in them.

#rticle +3 )Freedom of #ssembl!*Bublic gatherings and marches may be freely held, provided arms are not carried and that theyare not detrimental to the fundamental principles of Islam.

#rticle +5 )Wor=*

)/ 5veryone has the right to choose any occupation he wishes, if it is not contrary to Islam andthe public interests, and does not infringe the rights of others.

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8/ The government has the duty, with due consideration of the need of society for different "indsof wor", to provide every citi%en with the opportunity to wor", and to create e&ual conditions forobtaining it.

#rticle +6 )Welfare 'i$hts*

)/ 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, andmedical care and treatment, provided through insurance or other means, is accepted as auniversal right.

8/ The government must provide the foregoing services and financial support for every individualciti%en by drawing, in accordance with the law, on the national revenues and funds obtainedthrough public contributions.

#rticle ,7 ) ducation*The government must provide all citi%en with free education up to secondary school, and mustexpand free higher education to the extent re&uired by the country for attaining self$sufficiency.

#rticle ,( )<ousin$*

It is the right of every Iranian individual and family to possess housing commensurate with hisneeds. The government must ma"e land available for the implementation of this article, accordingpriority to those whose need is greatest, in particular the rural population and the wor"ers.

#rticle ,+ )#rrest*!o one may be arrested except by the order and in accordance with the procedure laid down bylaw. In case of arrest, charges with the reasons for accusation must, without delay, becommunicated and explained to the accused in writing, and a provisional dossier must beforwarded to the competent 1udicial authorities within a maximum of twenty$four hours so that thepreliminaries to the trial can be completed as swiftly as possible. The violation of this article willbe liable to punishment in accordance with the law.

#rticle ,, )'esidence*

!o one can be banished from his place of residence, prevented from residing in the place of hischoice, or compelled to reside in a given locality, except in cases provided by law.

#rticle ,. )'ecourse to the Courts*It is the indisputable right of every citi%en to see" 1ustice by recourse to competent courts. #llciti%ens have right of access to such courts, and no one can be barred from courts to which hehas a legal right of recourse.

#rticle ,/ )'i$ht to Counsel*2oth parties to a lawsuit have the right in all courts of law to select an attorney, and if they areunable to do so, arrangements must be made to provide them with legal counsel.

#rticle ,2 ) entencin$*The passing and execution of a sentence must be only by a competent court and in accordancewith law.

#rticle ,3 )Presumption of Innocense*Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilthas been established by a competent court.

#rticle ,5 )Torture* #ll forms of torture for the purpose of extracting confession or ac&uiring information are forbidden.

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Compulsion of individuals to testify, confess, or ta"e an oath is not permissibleA and anytestimony, confession, or oath obtained under duress is devoid of value and credence. Fiolationof this article is liable to punishment in accordance with the law.

#rticle ,6 )Di$nit! of #rrested* #ll affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in

accordance with the law, whatever form they may ta"e, are forbidden and liable to punishment.

#rticle .7 )Public Interest*!o one is entitled to exercise his rights in a way in1urious to others or detrimental to publicinterests.

#rticle .( )Citi9enship*Iranian citi%enship is the indisputable right of every Iranian, and the government cannot withdrawciti%enship from any Iranian unless he himself re&uests it or ac&uires the citi%enship of anothercountry.

#rticle .+ )Nationali9ation*0oreign nationals may ac&uire Iranian citi%enship within the framewor" of the laws. Citi%enshipmay be withdrawn from such persons if another @tate accepts them as its citi%ens or if theyre&uest it.

Chapter I> conom! and Financial #ffairs

#rticle ., )Principles*The economy of the Islamic Republic of Iran, with its ob1ectives of achieving the economicindependence of the society, uprooting poverty and deprivation, and fulfilling human needs in theprocess of development while preserving human liberty, is based on the following criteria<). the provision of basic necessities for all citi%ens< housing, food, clothing, hygiene, medicaltreatment, education, and the necessary facilities for the establishment of a familyA8. ensuring conditions and opportunities of employment for everyone, with a view to attaining fullemploymentA placing the means of wor" at the disposal of everyone who is able to wor" but lac"sthe means, in the form of cooperatives, through granting interest$free loans or recourse to anyother legitimate means that neither results in the concentration or circulation of wealth in thehands of a few individuals or groups, nor turns the government into a ma1or absolute employer.These steps must be ta"en with due regard for the re&uirements governing the general economicplanning of the country at each stage of its growthA

. the plan for the national economy must be structured in such a manner that the form, content,and hours of wor" 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$rounddevelopmentof his self, to ta"e active part in leading the affairs of the country, improve his s"ills, and to ma"efull use of his creativityAE. respect for the right to choose freely an occupationA refraining from compelling anyone toengage in a particular 1obA and preventing the exploitation of another s laborA

>. the prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and otherillegitimate and evil practicesA+. the prohibition of extravagance and wastefulness in all matters related to the economy,including consumption, investment, production, distribution, and servicesA3. the utili%ation of and the training of s"illed personnel in accordance with the developmentalneeds of the country s economyA4. prevention of foreign economic domination over the country s economy<*. emphasis on increase of agricultural, livestoc", and industrial production in order to satisfypublic needs and to ma"e the country self$sufficient and free from dependence.

11



#rticle .. ) ectors*

)/ 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.

8/ The state sector is to include all large$scale and mother industries, foreign trade, ma1orminerals, ban"ing, insurance, power generation, dams, and large$scale irrigation networ"s, radioand television, post, telegraph and telephone services, aviation, shipping, roads, railroads and theli"eA all these will be publicly owned and adMinistered by the @tate.

/ The cooperative sector is to include cooperative companies and enterprises concerned withproduction and distribution, in urban and rural areas, in accordance with Islamic criteria.

E/ 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 cooperativesectors.

>/ 7wnership in each of these three sectors is protected by the laws of the Islamic Republic, inso far as this ownership is in conformity with the other articles of this chapter, does not go beyondthe bounds of Islamic law, contributes to the economic growth and progress of the country anddoes not harm society.

+/ The scope of each of these sectors as well as the regulations and conditions governing theiroperation, will be specified by law.

#rticle ./ )Public Wealth*Bublic wealth and property, such as uncultivated or abandoned land, mineral deposits, seas,la"es, rivers and other public waterways, mountains, valleys, forests, marshlands, natural forests,unenclosed pastures, legacies without heirs, property of undetermined ownership, and publicproperty recovered from usurpers, shall be at the disposal of the Islamic government for it toutili%e in accordance with the public interest. ?aw will specify detailed procedures for theutili%ation of each of the foregoing items.

#rticle .2 )Fruits of 4usiness*5veryone is the owner of the fruits of his legitimate business and labor, and no one may depriveanother of the opportunity of business and wor" under the pretext of his right to ownership.

#rticle .3 )Private Propert!*Brivate ownership, legitimately ac&uired, is to be respected. The relevant criteria are determinedby law.

#rticle .5 )'esources for 'e$ions*There must be no discrimination among the various provinces with regard to the exploitation ofnatural resources, utili%ation of public revenues, and distribution of economic activities among thevarious provinces and regions of the country, thereby ensuring that every region has access tothe necessary capital and facilities in accordance with its needs and capacity for growth.

#rticle .6 )Confiscation*The government has the responsibility of confiscating all wealth accumulated through usury,usurpation, bribery, embe%%lement, theft, gambling, misuse of endowments, misuse of

government contracts and transactions, the sale of uncultivated lands and other resourcessub1ect to public ownership, the operation of centers of corruption, and other illicit means andsources, and restoring it to its legitimate ownerA and if no such owner can be identified, it must beentrusted 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.

#rticle /7 )Preservation of the nvironment*The preservation of the environment, in which the present as well as the future generations havea right to flourishing social existence, is regarded as a public duty in the Islamic Republic.

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5conomic and other activities that inevitably involve pollution of the environment or causeirreparable damage to it are therefore forbidden.

#rticle /( )Ta&ation*!o form of taxation may be imposed except in accordance with the law. Brovisions for taxexemption and reduction will be determined by law.

#rticle /+ )4ud$et*The annual budget of the country will be drawn up by the government in the manner specified bylaw and submitted to the Islamic Consultative #ssembly for discussion and approval. #ny changein the figures contained in the budget will be in accordance with the procedure prescribed by law.

#rticle /, )Central Treasur!* #ll sums collected by the government will be deposited into the government accounts at thecentral treasury, and all disbursements, within the limits of allocations approved, shall be made inaccordance with law.

#rticle /. )#countin$ #$enc!*The !ational #ccounting #gency is to be directly under the supervision of the Islamic Consultative

#ssembly. Its organi%ation and mode of operation in Tehran and at the provincial capitals are tobe determined by law.

#rticle // )#uditin$" 'eport*The !ational #ccounting #gency will inspect and audit, in the manner prescribed by law, all theaccounts of ministries, government institutions, and companies as well as other organi%ations thatdraw, in any way, on the general budget of the country, to ensure that no expenditure exceeds theallocations approved and that all sums are spent for the specified purpose. It will collect allrelevant accounts, documents, and records, in accordance with law, and submit to the IslamicConsultative #ssembly a report for the settlement of each year s budget together with its own comments. This report must be made available to thepublic.

Chapter > The 'i$ht of National overei$nt!

#rticle /2 )Divine 'i$ht of overei$nt!* #bsolute sovereignty over the world and man belongs to od, and it is De :ho has made manmaster of his own social destiny. !o one can deprive man of this divine right, nor subordinate it tothe vested interests of a particular individual or group. The people are to exercise this divine rightin the manner specified in the following articles.

#rticle /3 ) eparation of Powers*The powers of government in the Islamic Republic are vested in the legislature, the 1udiciary, andthe executive powers, functioning under the supervision of the absolute religious ?eader and the?eadership of the Ummah, in accordance with the forthcoming articles of this Constitution. Thesepowers are independent of each other.

#rticle /5 )1e$islature*The functions of the legislature are to be exercised through the Islamic Consultative #ssembly,consisting of the elected representatives of the people. ?egislation approved by this body, aftergoing through the stages specified in the articles below, is communicated to the executive and the

1udiciary for implementation.

#rticle /6 )Mandator! 'eferendum*In extremely important economic, political, social, and cultural matters, the functions of the

13



legislature may be exercised through direct recourse to popular vote through a referendum. #nyre&uest for such direct recourse to public opinion must be approved by two$thirds of the membersof the Islamic Consultative #ssembly.

#rticle 27 ) &ecutive*The functions of the executive, except in the matters that are directly placed under the 1urisdiction

of the ?eadership by the Constitution, are to be exercised by the Bresident and the Ministers.

#rticle 2( )%udiciar!*The functions of the 1udiciary are to be performed by courts of 1ustice, which are to be formed inaccordance with the criteria of Islam, and are vested with the authority to examine and settlelawsuits, protect the rights of the public, dispense and enact 1ustice, and implement the -ivinelimits.

Chapter >I The 1e$islative Powers

ection ( The Islamic Consultative #ssembl!

#rticle 2+ ) lection*

)/ The Islamic Consultative #ssembly is constituted by the representatives of the people electeddirectly and by secret ballot.

8/ The &ualifications of voters and candidates, as well as the nature of election, will be specifiedby law.

#rticle 2, )Term*The term of membership in the Islamic Consultative #ssembly is four years. 5lections for eachterm must ta"e place before the end of the preceding term, so that the country is never without an

#ssembly.

#rticle 2. )+37 Members" 'eli$ious 'epresentatives*

)/ There are to be two hundred seventy members of the Islamic Consultative #ssembly which,"eeping in view the human, political, geographic, and other similar factors, may increase by notmore than twenty for each ten$year period from the date of the national referendum of the year) +4 of the solar Islamic calendar.

8/ The Horoastrians and (ews will each elect one representativeA #ssyrian and ChaldeanChristians will 1ointly elect one representativeA and #rmenian Christians in the north and those inthe south of the country will each elect one representative.

/ The delimitation of the election constituencies and the number of representatives will bedetermined by law.

#rticle 2/ )?uorum" Code of Procedure*

)/ #fter the holding of elections, sessions of the Islamic Consultative #ssembly are consideredlegally valid when two$thirds of the total number of members are present. -rafts and bills will beapproved in accordance with the code of procedure approved by it, except in cases where theConstitution has specified a certain &uorum.

8/ The consent of two$thirds of all members present is necessary for the approval of the code ofprocedure of the #ssembly.

#rticle 22 )'ules of Procedure*The manner of election of the @pea"er and the Bresiding 2oard of the #ssembly, the number ofcommittees and their term of office, and matters related to conducting the discussions and

14



maintaining the discipline of the assembly will be determined by the code of procedure of the #ssembly.

#rticle 23 )0ath*

)/ Members of the #ssembly must ta"e the following oath at the first session of the #ssembly

and affix their signatures to its text<. n t&e =$me of od t&e !omp$ssion$te t&e 6e'ciful, n t&e p'esence of t&e lo'ious >o'$n s)e$' +y od t&e E*$lted $nd Almi(&ty $nd unde't$ e s)e$'in( +y my o)n &ono' $s $ &um$n+ein( to p'otect t&e s$nctity of sl$m $nd (u$'d t&e $ccomplis&ments of t&e sl$mic 0evolution of t&e '$ni$n people $nd t&e found$tions of t&e sl$mic 0epu+lic< to p'otect $s $ ust t'ustee t&e&ono' +esto)ed upon me +y t&e people to o+se've piety in fulfillin( my duties $s people?s'ep'esent$tive< to 'em$in $l)$ys committed to t&e independence $nd &ono' of t&e count'y< tofulfil my duties to)$'ds t&e n$tion $nd t&e se'vice of t&e people< to defend t&e !onstitution< $ndto +e$' in mind +o$t& in speec& $nd )'itin( $nd in t&e e*p'ession of my vie)s t&eindependence of t&e count'y t&e f'eedom of t&e people $nd t&e secu'ity of t&ei' inte'ests,.

8/ Members belonging to the religious minorities will swear by their own sacred boo"s whileta"ing this oath.

/ Members not attending the first session will perform the ceremony of ta"ing the oath at thefirst session they attend.

#rticle 25 ) uspended lections Durin$ Wartime*In time of war and the military occupation of the country, elections due to be held in occupiedareas or countrywide may be suspended for a specified period if proposed by the Bresident of theRepublic, and approved by three$fourths of the total members of the Islamic Consultative

#ssembly, with the endorsement of the uardian Council. If a new #ssembly is not formed, theprevious one will continue to function.

#rticle 26 )Publicit!" Closed essions*The deliberations of the Islamic Consultative #ssembly must be open and full minutes of themmade available to the public by the radio and the official ga%ette. # closed session may be held inemergency conditions, if it is re&uired for national security, upon the re&uisition of the Bresident,

one of the Ministers, or ten members of the #ssembly. ?egislation passed at a closed session isvalid only when approved by three$fourths of the members in the presence of the uardianCouncil. #fter 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.

#rticle 37 )Government #ttendance*The Bresident, his deputies and the Ministers have the right to participate in the open sessions ofthe #ssembly either collectively or individually. They may also have their advisers accompanythem. If the members of the #ssembly deem it necessary, the Ministers are obliged to attend.:henever they re&uest it, their statements are to be heard.

ection + Powers and #uthorit! of the Islamic Consultative #ssembl!

#rticle 3( )1e$islation*The Islamic Consultative #ssembly can establish laws on all matters, within the limits of itscompetence as laid down in the Constitution.

#rticle 3+ )1imits*The Islamic Consultative #ssembly cannot enact laws contrary to the official religion of thecountry or to the Constitution. It is the duty of the uardian Council to determine whether aviolation has occurred, in accordance with #rticle *+.

15






#rticle 3, )Interpretation of 1aws*The interpretation of ordinary laws falls within the competence of the Islamic Consultative

#ssembly. The intent of this article does not prevent the interpretations that 1udges may ma"e inthe course of cassation.

#rticle 3. )4ills*

overnment bills are presented to the Islamic Consultative #ssembly after receiving the approvalof the Council of Ministers. Members bills may be introduced in the Islamic Consultative #ssembly if sponsored by at least fifteen members.

#rticle 3/ ) pendin$ 4ills*Members bills and proposals and amendments to government bills proposed by members thatentail the reduction of the public income or the increase of public expenditure may be introducedin the #ssembly only if means for compensating for the decrease in income or for meeting thenew expenditure are also specified.

#rticle 32 )Investi$ation*The Islamic Consultative #ssembly has the right to investigate and examine all the affairs of thecountry.

#rticle 33 )Treaties*International treaties, protocols, contracts, and agreements must be approved by the IslamicConsultative #ssembly.

#rticle 35 )4oundar! 1aws* #ll changes in the boundaries of the country are forbidden, with the exception of minoramendments in "eeping with the interests of the country, on condition that they are not unilateral,do not encroach on the independence and territorialintegrity of the country, and receive the approval of four$fifths of the total members of the IslamicConsultative #ssembly.

#rticle 36 )Martial 1aw" Temporar! 'estrictions*The proclamation of martial law is forbidden. In case of war or emergency conditions comparableto war, the government has the right to impose temporarily certain necessary restrictions, with theagreement of the Islamic Consultative #ssembly. In no case can such restrictions last for morethan thirty daysA if the need for them persists beyond this limit, the government must obtain newauthori%ation for them from the #ssembly.

#rticle 57 )#id*The ta"ing and giving of governmental loans or grants$in$aid, domestic and foreign, must beapproved by the Islamic Consultative #ssembly.

#rticle 5( )Forei$n 4usiness*The granting of concessions to foreigners or the formation of companies or institutions dealingwith commerce, industry, agriculture, service, or mineral extraction, is absolutely forbidden.

#rticle 5+ )Forei$n &perts*The employment of foreign experts is forbidden, except in cases of necessity and with theapproval of the Islamic Consultative #ssembly.

#rticle 5, )Propert! of National <erita$e*overnment buildings and properties forming part of the national heritage cannot be transferred

except with the approval of the Islamic Consultative #ssemblyA that, too, is not applicable in thecase of irreplaceable treasures.

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#rticle 5. )'esponsibilit!*5very representative is responsible to the entire nation and has the right to express his views onall internal and external affairs of the country.

#rticle 5/ )Dele$ated 1e$islation*

)/ The right of membership is vested with the individual, and is not transferable to others. The #ssembly cannot delegate the power of legislation to an individual or committee. 2ut whenevernecessary, it can delegate the power of legislating certain laws to its own committees, inaccordance with #rticle 38 . In such a case, the laws will be implemented on a tentative basis for aperiod specified by the #ssembly, and their final approval will rest with the #ssembly.

8/ ?i"ewise, the #ssembly may, in accordance with #rticle 38 , delegate to the relevantcommittees the responsibility for permanent approval of articles of association of organi%ations,companies, government institutions, or organi%ations affiliated to the government and or investthe authority in the government. In such a case, the government approvals must not beinconsistent with the principles and commandments of the official religion in the country or withthe Constitution, which &uestion shall be determined by the uardian Council in accordance withwhat is stated in #rticle *+. In addition to this, the overnment approvals shall not be against thelaws and other general rules of the country and, while calling for implementation, the same shallbe brought to the "nowledge of the @pea"er of the Islamic Consultative #ssembly for his studyand indication that the approvals in &uestion are not inconsistent with the aforesaid rules.

#rticle 52 )Independence" Indemnit!*Members of the #ssembly are completely free in expressing their views and casting their votes inthe course of performing their duties as representatives, and they cannot be prosecuted orarrested for opinions expressed in the #ssembly or votes cast in the course of performing theirduties as representatives.

#rticle 53 )>ote of Confidence*The Bresident must obtain, for the Council of Ministers, after being formed and before all otherbusiness, a vote of confidence from the #ssembly. -uring his incumbency, he can also see" avote of confidence for the Council of Ministers from the #ssembly on important and controversial

issues.

#rticle 55 )?uestionin$ Government*:henever at least one$fourth of the total members of the Islamic Consultative #ssembly pose a&uestion to the Bresident, or any one member of the #ssembly poses a &uestion to a Minister ona sub1ect relating to their duties, the Bresident or the Minister is obliged to attend the #ssemblyand answer the &uestion. This answer must not be delayed more than one month in the case ofthe Bresident and ten days in the case of the Minister, except with an excuse deemed reasonableby the Islamic Consultative #ssembly.

#rticle 56 )Interpellation*

)/ Members of the Islamic Consultative #ssembly can interpellate the Council of Ministers or an

individual Minister in instances they deem necessary. Interpellations can be tabled if they bear thesignatures of at least ten members.The Council of Ministers or interpellated Minister must be present in the #ssembly within ten daysafter the tabling of the interpellation in order to answer it and see" a vote of confidence. If theCouncil of Ministers or the Minister concerned fails to attend the #ssembly, the members whotabled the interpellation will explain their reasons, and the #ssembly will declare a vote of noconfidence if it deems it necessary.If the #ssembly does not pronounce a vote of confidence, the Council of Ministers or the Ministersub1ect to interpellation is dismissed. In both cases, the Ministers sub1ect to interpellation cannotbecome members of the next Council of Ministers formed immediately afterwards.

17











8/ In the event at least one$third of the members of the Islamic Consultative #ssemblyinterpellate the Bresident concerning his executive responsibilities in relation with the 5xecutiveBower and the executive affairs of the country the Bresident must be present in the #ssemblywithin one month after the tabling of the interpellation in order to give ade&uate explanations inregard to the matters raised. In the event, after hearing the statements of the opposing andfavoring members and the reply of the Bresident, two$thirds of the members of the #ssemblydeclare a vote of no confidence, the same will be communicated to the ?eadership for informationand implementation of #rticle ))6 )6/ .

#rticle 67 )Complaints" Petitions*:hoever has a complaint concerning the wor" of the #ssembly or the executive power or the

1udicial power can forward his complaint in writing to the #ssembly. The #ssembly mustinvestigate his complaint and give a satisfactory reply. In cases where the complaint relates to theexecutive or the 1udiciary, the #ssembly must demand proper investigation in the matter and anade&uate explanation from them, and announce the results within a reasonable time. In caseswhere the sub1ect of the complaint is of public interest, the reply must be madepublic.

#rticle 6( )Guardian Council*

:ith a view to safeguard the Islamic ordinances and the Constitution, in order to examine thecompatibility of the legislation passed by the Islamic Consultative #ssembly with Islam, a councilto be "nown as the uardian Council is to be constituted with the following composition<). six religious men, conscious of the present needs and the issues of the day, to be selected bythe ?eader, and8. six 1urists, speciali%ing in different areas of law, to be elected by the Islamic Consultative

#ssembly from among the Muslim 1urists nominated by the Dead of the (udicial Bower.

#rticle 6+ )Term*Members of the uardian Council are elected to serve for a period of six years, but during thefirst term, after three years have passed, half of the members of each group will be changed bylot and new members will be elected in their place.

#rticle 6, )Mandator! Formation*The Islamic Consultative #ssembly does not hold any legal status if there is no uardian Councilin existence, except for the purpose of approving the credentials of its members and the electionof the six 1urists on the uardian Council.

#rticle 6. )'eview of 1e$islation* #ll legislation passed by the Islamic Consultative #ssembly must be sent to the uardian Council.The uardian Council must review it within a maximum of ten days from its receipt with a view toensuring its compatibility with the criteria of Islam and the Constitution. If it finds the legislationincompatible, it will return it to the #ssembly for review. 7therwise the legislation will be deemedenforceable.

#rticle 6/ ) &tended 'eview*

In cases where the uardian Council deems ten days inade&uate for completing the process ofreview and delivering a definite opinion, it can re&uest the Islamic Consultative #ssembly to grantan extension of the time limit not exceeding ten days.

#rticle 62 )Ma@orit!*The determination of compatibility of the legislation passed by the Islamic Consultative #ssemblywith the laws of Islam rests with the ma1ority vote of the religious men on the uardian CouncilAand the determination of its compatibility with the Constitution rests with the ma1ority of all themembers of the uardian Council.

18





#rticle 63 )#ttendance in Parliament*In order to expedite the wor", the members of the uardian Council may attend the #ssemblyand listen to its debates when a government bill or a members bill is under discussion. :hen anurgent government or members bill is placed on the agenda of the #ssembly, the members of the

uardian Council must attend the #ssembly and ma"e their views "nown.

#rticle 65 )#uthoritative Interpretation*The authority of the interpretation of the Constitution is vested with the uardian Council, which isto be done with the consent of three$fourths of its members.

#rticle 66 ) upervision of lections*The uardian Council has the responsibility of supervising the elections of the #ssembly of5xperts for ?eadership, the Bresident of the Republic, the Islamic Consultative #ssembly,and the direct recourse to popular opinion and referenda.

Chapter >II Councils

#rticle (77 )'e$ional Councils*

)/ In order to expedite social, economic, development, public health, cultural, and educationalprograms and facilitate other affairs relating to public welfare with the cooperation of the peopleaccording to local needs, the administration of each village, division, city, municipality, andprovince will be superseded by a council to be named the Fillage, -ivision, City, Municipality, orBrovincial Council. Members of each of these councils will be elected by the people of the localityin &uestion.

8/ ualifications for the eligibility of electors and candidates for these councils, as well as theirfunctions and powers, the mode of election, the council 1urisdiction, and the hierarchy of theirauthority 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.

#rticle (7( ) upreme Council of the Provinces*

)/ In order to prevent discrimination in the preparation of programs for the development andwelfare of the provinces, to secure the cooperation of the people, and to arrange for thesupervision of coordinated implementation of such programs, a @upreme Council of theBrovinces will be formed, composed of representatives of the Brovincial Councils.

8/ ?aw will specify the manner in which this council is to be formed and the functions that it is tofulfil.

#rticle (7+ )Council 4ills*The @upreme Council of the Brovinces has the right within its 1urisdiction, to draft bills and tosubmit them to the Islamic Consultative #ssembly, either directly or through the government.These bills must be examined by the #ssembly.

#rticle (7, )Power 0ver 1ocal Governments*Brovincial governors, city governors, divisional governors, and other officials appointed by thegovernment must abide by all decisions ta"en by the councils within their 1urisdiction.

#rticle (7. )Wor=er Councils*

)/ In order to ensure Islamic e&uity and cooperation in carrying out the programs and to bringabout the harmonious progress of all units of production, both industrial and agricultural, councilsconsisting of the representatives of the wor"ers, peasants, other employees, and managers, willbe formed in educational and administrative units, units of service industries, and other units of a

19



li"e nature, similar councils will be formed, composed of representatives of the members of thoseunits.

8/ The mode of the formation of these councils and the scope of their functions and powers, areto be specified by law.

#rticle (7/ )1imits*

-ecisions ta"en by the councils must not be contrary to the criteria of Islam and the laws of thecountry.

#rticle (72 )'i$ht #$ainst Dissolution*

)/ The councils may not be dissolved unless they deviate from their legal duties. The bodyresponsible for determining such deviation, as well as the manner for dissolving the councils andreforming them, will be specified by law.

8/ @hould a council have any ob1ection to its dissolution, it hasthe right to appeal to a competent court, and the court is duty$bound to examine its complaintoutside the doc"et se&uence.

Chapter >III The 1eader or 1eadership Council

#rticle (73 )'eli$ious 1eader*

)/ #fter the demise of Imam 'humayni, the tas" of appointing the ?eader shall be vested with theexperts elected by the people. The experts will review and consult among themselves concerningall the religious men possessing the &ualifications specified in #rticles > and )6* . In the eventthey find one of them better versed in Islamic regulations or in political and social issues, orpossessing general popularity or special prominence for any of the &ualifications mentioned in

#rticle )6* , they shall elect him as the ?eader. 7therwise, in the absence of such a superiority,they shall elect and declare one of them as the ?eader. The ?eader thus elected by the #ssemblyof 5xperts shall assume all the powers of the religious leader and all the responsibilities arisingtherefrom.

8/ The ?eader is e&ual with the rest of the people of the country in the eyes of law.

#rticle (75 ) &perts*The law setting out the number and &ualifications of the experts, the mode of their election, andthe code of procedure regulating the sessions during the first term must be drawn up by thereligious men on the first uardian Council, passed by a ma1ority of votes and then finallyapproved by the ?eader of the Revolution. The power to ma"e any subse&uent change or areview of this law, or approval of all the provisions concerning the duties of the experts is vestedin themselves.

#rticle (76 )1eadership ?ualifications*

)/ 0ollowing are the essential &ualifications and conditions for the ?eader<a. @cholarship, as re&uired for performing the functions of religious leader in different fields.

b. (ustice and piety, as re&uired for the leadership of the Islamic Ummah.c. Right political and social perspicacity, prudence, courage, administrative facilities, andade&uate capability for leadership.

8/ In case of multiplicity of persons fulfilling the above &ualifications and conditions, the personpossessing the better 1urisprudential and political perspicacity will be given preference.

#rticle ((7 )1eadership Duties and Powers*

)/ 0ollowing are the duties and powers of the ?eadership<

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). -elineation of the general policies of the Islamic Republic of Iran after consultation with the!ation s 5xigency Council.8. @upervision over the proper execution of the general policies of the system.

. Issuing decrees for national referenda.E. #ssuming supreme command of the #rmed 0orces.>. -eclaration of war and peace and the mobili%ation of the #rmed 0orces.+. #ppointment, dismissal, and resignation of<a. the religious men on the uardian Council,b. the supreme 1udicial authority of the country,c. the head of the radio and television networ" of the Islamic Republic of Iran,d. the chief of the 1oint staff,e. the chief commander of the Isalmic Revolution uards Corps, andf. the supreme commanders of the #rmed 0orces.3. Resolving differences between the three wings of the #rmed 0orces and regulation of theirrelations.4. Resolving the problems which cannot be solved by conventional methods, through the !ation s5xigency Council.*. @igning the decree formali%ing the election of the Bresident of the Republic by the people. Thesuitability of candidates for the Bresidency of the Republic, with respect to the &ualificationsspecified in the Constitution, must be confirmed before elections ta"e place by the uardianCouncil, and, in the case of the first term of a Bresident, by the ?eadership. )6. -ismissal of theBresident of the Republic, with due regard for the interests of the country, after the @upremeCourt holds him guilty of the violation of his constitutional duties, or after a vote of the IslamicConsultative #ssembly testifying to his incompetence on the basis of #rticle 4* .)). Bardoning or reducing the sentences of convicts, within the framewor" of Islamic criteria, on arecommendation from the Dead of 1udicial power.

8/ The ?eader may delegate part of his duties and powers to another person.

#rticle ((( )1eadership Council*

)/ :henever the ?eader becomes incapable of fulfilling his constitutional duties, or loses one ofthe &ualifications mentioned in #rticles > and )6* , or it becomes "nown that he did not possesssome of the &ualifications initially, he will be dismissed. The authority of determination in thismatter is vested with the experts specified in #rticle )64 .

8/ In the event of the death, or resignation or dismissal of the ?eader, the experts shall ta"esteps within the shortest possible time for the appointment of the new ?eader. Until theappointment of the new ?eader, a council consisting of the Bresident, head of the 1udiciary power,and a religious men from the uardian Council, upon the decision of the !ation s 5xigencyCouncil, shall temporarily ta"e over all the duties of the ?eader. In the event that, during thisperiod, any one of them is unable to fulfil his duties for whatsoever reason, another person, uponthe decision of ma1ority of religious men in the !ation s 5xigency Council shall be elected in hisplace.

/ This council shall ta"e action in respect of items ), , >, and )6, and sections d, e and f of item+ of #rticle ))6 , upon the decision of three$fourths of the members of the !ation s 5xigencyCouncil.

E/ :henever 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 shallassume his duties.

#rticle ((+ ) &i$enc! Council*

)/ Upon the order of the ?eader, the !ation s 5xigency Council shall meet at any time theuardian Council 1udges a proposed bill of the Islamic Consultative #ssembly to be against the

principles of @harrah or the Constitution, and the #ssembly is unable to meet the expectations ofthe uardian Council. #lso, the Council shall meet for consideration on any issue forwarded to it

21
















by the ?eader and shall carry out any other responsibility as mentioned in this Constitution.8/ The permanent and changeable members of the Council shall be appointed by the ?eader.

/ The rule for the Council shall be formulated and approved by the Council members sub1ect tothe confirmation by the ?eader.

Chapter IA The &ecutive Power

ection ( The Presidenc!

#rticle ((, )President* #fter the office of ?eadership, the Bresident is the highest official in the country. Dis is theresponsibility for implementing the Constitution and acting as the head of the executive, except inmatters directly concerned with the office of the ?eadership.

#rticle ((. )Term*The Bresident is elected for a four$year term by the direct vote of the people. Dis re$election for asuccessive term is permissible only once.

#rticle ((/ )?ualifications*The Bresident must be elected from among religious and political personalities possessing thefollowing &ualifications<$ Iranian originA$ Iranian nationalityA$ administrative capacity and resourcefulnessA$ a good pastrecordA$ trustworthiness and pietyA and$ convinced belief in the fundamental principles of the Islamic Republic of Iran and the officialmadhhab of the country.

#rticle ((2 )Candidac!*Candidates nominated for the post of Bresident must declare their candidature officially. ?aw laysdown the manner in which the Bresident is to be elected.

#rticle ((3 )Ma@orit!*The Bresident is elected by an absolute ma1ority of votes polled by the voters. 2ut if none of thecandidates is able to win such a ma1ority in the first round, voting will ta"e place a second time on0riday of the following wee". In the second round only the two candidates who received greatestnumber of votes in the first round will participate. If, however, some of the candidates securinggreatest votes in the first round withdraw from the elections, the final choice will be between thetwo candidates who won greater number of votes than all the remaining candidates.

#rticle ((5 ) upervisor! 4od!*Responsibility for the supervision of the election of the Bresident lies with the uardian Council,as stipulated in #rticle ** . 2ut before the establishment of the first uardian Council, it lies with asupervisory body to be constituted by law.

#rticle ((6 )New lections*The election of a new Bresident must ta"e place no later than one month before the end of theterm of the outgoing Bresident. In the interim period before the election of the new Bresident andthe end of the term of the outgoing Bresident, the outgoing Bresident will perform the duties of theBresident.

#rticle (+7 ) &tensions*In case any of the candidates whose suitability is established in terms of the &ualifications listed

22






above should die within ten days before polling day, the elections will be postponed for twowee"s. If one of the candidates securing greatest number of votes dies in the intervening periodbetween the first and second rounds of voting, the period for holding the second round of theelection will be extended for two wee"s.

#rticle (+( )0ath*

The Bresident must ta"e the following oath and affix his signature to it at a session of the IslamicConsultative #ssembly in the presence of the head of the 1udicial power and the members of theuardian Council<

. n t&e =$me of od t&e !omp$ssion$te t&e 6e'ciful $s ;'esident s)e$' in t&e p'esence oft&e no+le mem+e's of p$'li$ment $nd t&e people of '$n +y od t&e E*$lted $nd Almi(&ty t&$t )ill (u$'d t&e offici$l 'eli(ion of t&e count'y t&e o'de' of t&e sl$mic 0epu+lic $nd t&e !onstitutionof t&e count'y< t&$t )ill devote $ll my c$p$cities $nd $+ilities to t&e fulfillment of t&e'esponsi+ilities t&$t &$ve $ssumed< t&$t )ill dedic$te myself to t&e se'vice of t&e people t&e&ono' of t&e count'y t&e p'op$($tion of 'eli(ion $nd mo'$lity $nd t&e suppo't of t'ut& $nd ustice'ef'$inin( f'om eve'y ind of $'+it'$'y +e&$vio'< t&$t )ill p'otect t&e f'eedom $nd di(nity of $llciti ens $nd t&e 'i(&ts t&$t t&e !onstitution &$s $cco'ded t&e people< t&$t in (u$'din( t&e f'ontie's$nd t&e politic$l economic $nd cultu'$l independence of t&e count'y )ill not $void $nynecess$'y me$su'e< t&$t see in( &elp f'om od $nd follo)in( t&e ;'op&et of sl$m $nd t&einf$lli+le m$ms @pe$ce +e upon t&em )ill (u$'d $s $ pious $nd selfless t'ustee t&e $ut&o'ityvested in me +y t&e people $s $ s$c'ed t'ust $nd t'$nsfe' it to )&omeve' t&e people m$y elect$fte' me,.

#rticle (++ )'esponsibilit!*The Bresident, within the limits of his powers and duties, which he has by virtue of thisConstitution or other laws, is responsible to the people, the ?eader and the Islamic Consultative

#ssembly.

#rticle (+, ) i$nin$ 1e$islation*The Bresident is obliged to sign legislation approved by the #ssembly or the result of areferendum, after the legal procedures have been completed and it has been communicated tohim. #fter signing, he must forward it to the responsible authorities for implementation.

#rticle (+. )Presidential Deputies*

)/ The Bresident may have deputies for the performance of his constitutional duties.8/ :ith the approval of the Bresident, the first deputy of the Bresident shall be vested with the

responsibilities of adMinistering the affairs of the Council of Ministers and coordination offunctions of other deputies.

#rticle (+/ )Treaties*The Bresident or his legal representative has the authority to sign treaties, protocols, contracts,and agreements concluded by the Iranian government with other governments, as well asagreements pertaining to international organi%ations, after obtaining the approval of the IslamicConsultative #ssembly.

#rticle (+2 )Plannin$" 4ud$et*The Bresident is responsible for national planning and budget and state employment affairs andmay entrust the administration of these to others.

#rticle (+3 ) pecial 'epresentatives*In special circumstances, sub1ect to approval of the Council of Ministers, the Bresident mayappoint one or more special representatives with specific powers. In such cases, the decisions of

23



his representative s/ will be considered as the same as those of the Bresident and the Council ofMinisters.

#rticle (+5 )#mbassadors*The ambassadors shall be appointed upon the recommendation of the foreign Minister andapproval of the Bresident. The Bresident signs the credentials of ambassadors and receives the

credentials presented by the ambassadors of the foreign countries.

#rticle (+6 ) tate Decorations*The award of state decorations is a prerogative of the Bresident.

#rticle (,7 )'esi$nation*The Bresident shall submit his resignation to the ?eader and shall continue performing his dutiesuntil his resignation is not accepted.

#rticle (,( )Interim President*In case of death, dismissal, resignation, absence, or illness lasting longer than two months of theBresident or when his term in office has ended and a new president has not been elected due tosome impediments, or similar other circumstances, his first deputy shall assume, with theapproval of the ?eader, the powers and functions of the Bresident. The Council, consisting of the@pea"er of the Islamic Consultative #ssembly, head of the 1udicial power, and the first deputy ofthe Bresident, is obliged to arrange for a new Bresident to be elected within a maximum period offifty days. In case of death of the first deputy to the Bresident, or other matters which prevent himto perform his duties or when the Bresident does not have a first deputy, the ?eader shall appointanother person in his place.

#rticle (,+ )'estricted Interim Period*-uring the period when the powers and responsibilities of the Bresident are assigned to his firstdeputy or the other person in accordance with #rticle ) ) , neither can the Ministers beinterpellated nor can a vote of no confidence be passed against them. #lso, neither can any stepbe underta"en for a review of the Constitution, nor a national referendum be held.

ection + The President and Ministers

#rticle (,, )#ppointment of Ministers*Ministers will be appointed by the Bresident and will be presented to the #ssembly for a vote ofconfidence. :ith the change of #ssembly, a new vote of confidence will not be necessary. Thenumber of Ministers and the 1urisdiction of each will be determined by law.

#rticle (,. )Council of Ministers*

)/ The Bresident is the head of the Council of Ministers. De supervises the wor" of the Ministersand ta"es all necessary measures to coordinate the decisions of the government. :ith thecooperation of the Ministers, he determines the program and policies of the government andimplements the laws.

8/ In the case of discrepancies or interferences in the constitutional duties of the governmentagencies, the decision of the Council of Ministers at the re&uest of the Bresident shall be bindingprovided it does not call for an interpretation of or modification in the laws.

/ The Bresident is responsible to the #ssembly for the actions of the Council of Ministers.

#rticle (,/ )Dismissal" Careta=er*

)/ The Ministers shall continue in office unless they are dismissed, or given a vote of noconfidence by the #ssembly as a result of their interpellation, or a motion for a vote of no

24







confidence against them.8/ The resignation of the Council of Ministers or that of each of them shall be submitted to the

Bresident, and the Council of Ministers shall continue to function until such time as the newgovernment is appointed.

/ The Bresident can appoint a careta"er for maximum period of three months for the ministrieshaving no Minister.

#rticle (,2 )>ote of Confidence*The Bresident can dismiss the Ministers and in such a case he must obtain a vote of confidencefor the new Minister s/ from the #ssembly. In case half of the members of the Council of Ministersare changed after the government has received its vote of confidence from the #ssembly, thegovernment must see" a fresh vote of confidence from the #ssembly.

#rticle (,3 )'esponsibilit!*5ach of the Ministers is responsible for his duties to the Bresident and the #ssembly, but inmatters approved by the Council of Ministers as a whole, he is also responsible for the actions ofthe others.

#rticle (,5 )Implementation of 1aws" Ministerial Commissions*

)/ In addition to instances in which the Council of Ministers or a single Minister is authori%ed toframe procedures for the implementation of laws, the Council of Ministers has the right to laydown rules, regulations, and procedures for performing its administrative duties, ensuring theimplementation of laws, and setting up administrative bodies. 5ach of the Ministers also has theright to frame regulations and issue orders in matters within his 1urisdiction and in conformity withthe decisions of the Council of Ministers. Dowever, the control of all such regulations must notviolate the letter or the spirit of the law.

8/ The government can entrust any portion of its tas" to commissions composed of someMinisters. The decisions of such commissions within the rules will be binding after theendorsement of the Bresident.

/ The ratifications and the regulations of the overnment and the decisions of the commissionsmentioned under this article shall also be brought to the notice of the @pea"er of the Islamic

Consultative #ssembly while being communicated for implementation so that in the event he findsthem contrary to law, he may send the same stating the reason for reconsideration by the Councilof Ministers.

#rticle (,6 )Propert! Claims*The settlement of claims relating to public and state property or the referral thereof to arbitrationis in every case dependent on the approval of the Council of Ministers, and the #ssembly must beinformed of these matters. In cases where one party to the dispute is a foreigner, as well as inimportant cases that are purely domestic, the approval of the #ssembly must also be obtained.?aw will specify the important cases intended here.

#rticle (.7 )No Immunit!* #llegations of common crimes against the Bresident, his deputies, and the Ministers will be

investigated in common courts of 1ustice with the "nowledge of the Islamic Consultative #ssembly.

#rticle (.( )Incompatibilit!*

)/ The Bresident the deputies to the Bresident Ministers and overnment employees cannothold more than one overnment position, and it is forbidden for them to hold any "ind ofadditional post in institutions of which all or a part of the capital belongs to the government orpublic institutions, to be a member of the Islamic Consultative #ssembly, to practice theprofession of attorney or legal adviser, or to hold the post of president managing director, or

25



membership of the board of directors of any "ind of private company, with the exception of cooperative companies affiliated tothe government departments and institutions.

8/ Teaching positions in universities and research institutions are exempted from this rule.

#rticle (.+ )#sset Control*

The assets of the ?eader, the Bresident, the deputies to the Bresident, and Ministers, as well asthose of their spouses and offspring, are to be examined before and after their term of office bythe head of the 1udicial power, in order to ensure they have not increased in a fashion contrary tolaw.

ection , The #rm! and the Islamic 'evolution Guards Corps

#rticle (., )#rm! Functions*The #rmy of the Islamic Republic of Iran is responsible for guarding the independence andterritorial integrity of the country, as well as the order of the Islamic Republic.

#rticle (.. )Islamic #rm!*The #rmy of the Islamic Republic of Iran must be an Islamic #rmy, i.e., committed to Islamicideology and the people, and must recruit into its service individuals who have faith in theob1ectives of the Islamic Revolution and are devoted to the cause of reali%ing its goals.

#rticle (./ )No Forei$ners*!o foreigner will be accepted into the #rmy or security forces of the country.

#rticle (.2 )No Forei$n Militar! 4ase*The establishment of any "ind of foreign military base in Iran, even for peaceful purposes, isforbidden.

#rticle (.3 )Peace Functions*In time of peace, the government must utili%e the personnel and technical e&uipment of the #rmyin relief operations, and for educational and productive ends, and the Construction (ihad whilefully observing the criteria of Islamic 1ustice and ensuring that such utili%ation does not harm thecombat$readiness of the #rmy.

#rticle (.5 )No Personal 8se* #ll forms of personal use of military vehicles, e&uipment, and other means, as well as ta"ingadvantage of #rmy and chauffeurs or bidden.

#rticle (.6 )Promotions*Bromotions in military ran" and their withdrawal ta"e place in accordance with the law.

#rticle (/7 )Islamic 'evolution Guards Corps*The Islamic Revolution uards Corps, organi%ed 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 andits achievements. The scope of the duties of this Corps, and its areas of responsibility, in relationto the duties and areas of responsibility of the other #rmed 0orces, are to be determined by lawwith emphasis on brotherly cooperation and harmony among them.

#rticle (/( )Militar! Trainin$*In accordance with the noble 'oranic verse< .;'ep$'e $($inst t&em )&$teve' fo'ce you $'e $+leto muste' $nd &o'ses 'e$dy fo' +$ttle st'i in( fe$' into od?s enemy $nd you' enemy $nd ot&e's+eyond t&em un no)n to you +ut no)n to od,,,. ;4<+6=, the government is obliged to provide a

26



program of military training, with all re&uisite facilities, for all its citi%ens, in accordance with theIslamic criteria, in such a way that all citi%ens will always be able to engage in the armed defenceof the Islamic Republic of Iran. The possession of arms, however, re&uires the granting ofpermission by the competent authorities.

Chapter A Forei$n Polic!

#rticle (/+ )Principles*The foreign policy of the Islamic Republic of Iran is based upon the re1ection of all forms ofdomination, both the exertion of it and submission to it, the preservation of the independence ofthe 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 mutuallypeaceful relations with all non$belligerent @tates.

#rticle (/, )No Forei$n Control* #ny form of agreement resulting in foreign control over the natural resources, economy, army, orculture of the country, as well as other aspects of the national life, is forbidden.

#rticle (/. )Independence" upport of %ust tru$$les*The Islamic Republic of Iran has as its ideal human felicity throughout human society, andconsiders the attainment of independence, freedom, and rule of 1ustice and truth to be the right ofall people of the world. #ccordingly, while scrupulously refraining from all forms of interference inthe internal affairs of other nations, it supports the 1ust struggles of the freedom fighters againstthe oppressors in every corner of the globe.

#rticle (// )#s!lum*The government of the Islamic Republic of Iran may grant political asylum to those who see" itunless they are regarded as traitors and saboteurs according to the laws of Iran.

Chapter AI The %udiciar!

#rticle (/2 ) tatus" Functions*The 1udiciary is an independent power, the protector of the rights of the individual and society,responsible for the implementation of 1ustice, and entrusted with the following duties<). investigating and passing 1udgement on grievances, violations of rights, and complaintsA theresolution of litigationA the settling of disputesA and the ta"ing of all necessary decisions andmeasures in probate matters as the law may determineA8. restoring public rights and promoting 1ustice and legitimate freedomsA

. supervising the proper enforcement of lawsAE. uncovering crimesA prosecuting, punishing, and chastising criminalsA and enacting the penaltiesand provisions of the Islamic penal codeA and>. ta"ing suitable measures to prevent the occurrence of crime and to reform criminals.

#rticle (/3 )<ead of %udiciar!*In order to fulfil the responsibilities of the 1udiciary power in all the matters concerning 1udiciary,administrative and executive areas, the ?eader shall appoint a 1ust honorable man well versed in

1udiciary affairs and possessing prudence and administrative abilities as the head of the 1udiciarypower for a period of fiveyears who shall be the highest 1udicial authority.

#rticle (/5 )Functions of the <ead of %udiciar!*The Dead of (udiciary is responsible for the following< ). 5stablishment of structure necessary forthe 1ustice commensurate with mentioned under #rticle )>+ .8. -rafting 1udiciary bills appropriate for the Islamic Republic.

27





absence of any such law, he has to deliver his 1udgement on the basis of authoritative Islamicsources and authentic fatawa. De, on the pretext of the silence of or deficiency of law in thematter, or its brevity or contradictory nature, cannot refrain from admitting and examining casesand delivering his 1udgement.

#rticle (25 )Political and Press 0ffences*

Bolitical and press offenses will be tried openly and in the presence of a 1ury, in courts of 1ustice.The manner of the selection of the 1ury, its powers, and the definition of political offenses, will bedetermined by law in accordance with the Islamic criteria.

#rticle (26 )Nulla Poena ine 1e$e*!o act or omission may be regarded as a crime with retrospective effect on the basis of a lawframed subse&uently.

#rticle (37 )Control of 'e$ulations*(udges of courts are obliged to refrain from executing statutes and regulations of the governmentthat are in conflict with the laws or the norms of Islam, or lie outside the competence of theexecutive power. 5veryone has the right to demand the annulment of any such regulation fromthe Court of #dministrative (ustice.

#rticle (3( )1iabilit! of %ud$es*:henever an individual suffers moral or material loss as the result of a default or error of the

1udge with respect to the sub1ect matter of a case or the verdict delivered, or the application of arule in a particular case, the defaulting 1udge must stand surety for the reparation of that loss inaccordance with the Islamic criteria, if it be a case of default. 7therwise, losses will becompensated for by the @tate. In all such cases, the repute and good standing of the accused willbe restored.

#rticle (3+ )Militar! Courts*Military courts will be established by law to investigate crimes committed in connection withmilitary or security duties by members of the #rmy, the endarmerie, the police, and the IslamicRevolution uards Corps. They will be tried in public courts, however, for common crimes or

crimes committed while serving the department of 1ustice in executive capacity. The office ofmilitary prosecutor and the military courts form part of the 1udiciary and are sub1ect to the sameprinciples that regulate the 1udiciary.

#rticle (3, )Court of #dministrative %ustice*In order to investigate the complaints, grievances, and ob1ections of the people with respect togovernment officials, organs, and statutes, a court will be established to be "nown as the Court of

#dministrative (ustice under the supervision of the head of the 1udiciary branch. The 1urisdiction,powers, and mode of operation of this court will be laid down by law.

#rticle (3. )National General Inspectorate*In accordance with the right of the 1udiciary to supervise the proper conducting of affairs and thecorrect implementation of laws by the administrative organs of the government, anorgani%ation will be constituted under the supervision of the head of the 1udiciary branch to be"nown as the !ational eneral Inspectorate. The powers and duties of this organi%ation will bedetermined by law.

Chapter AII 'adio and Television

#rticle (3/ )Freedom of &pression" Government Control*

)/ The freedom of expression and dissemination of thoughts in the Radio and Television of the

29



Islamic Republic of Iran must be guaranteed in "eeping with the Islamic criteria and the bestinterests of the country.

8/ The appointment and dismissal of the head of the Radio and Television of the Islamic Republicof Iran rests with the ?eader. # council consisting of two representatives each of the Bresident,the head of the 1udiciary branch, and the Islamic Consultative #ssembly shall supervise thefunctioning of this organi%ation.

/ The policies and the manner of managing the organi%ation and its supervision will bedetermined by law.

Chapter AIII upreme Council for National ecurit!

#rticle (32 ) upreme Council for National ecurit!*

)/ In order to safeguarding the national interests and preserving the Islamic Revolution, theterritorial integrity, and the national sovereignty, a @upreme Council for !ational @ecurity presidedover by the Bresident shall be constituted to fulfil the following responsibilities< ). -etermining thedefence and national security policies within the framewor" of general policies determined by the?eaderA8. coordination of activities in the areas relating to politics, intelligence, social, cultural and

economic fields in regard to general defence and security policiesA and. exploitation of materialistic and intellectual resources of the country for facing the internal andexternal threats.

8/ The Council shall consist of<$ the heads of three branches of the government,$ the chief of the @upreme Command Council of the #rmed 0orces,$ the officer in charge of the planning and budget affairs,$ two representatives nominated by the ?eader,$ Ministers of foreign affairs, interior, and information,$ a Minister related with the sub1ect, and$ the highest ran"ing officials from the #rmed 0orces and the Islamic Revolution s uards Corps.

/ Commensurate with its duties, the @upreme Council for !ational @ecurity shall formsubcouncils such as -efence @ubcouncil and !ational @ecurity @ubcouncil. 5ach subcouncil willbe presided over by the Bresident or a member of the @upreme Council for !ational @ecurityappointed by the Bresident.

E/ The scope of authority and responsibility of the subcouncils will be determined by law andtheir organi%ational structure will be approved by the @upreme Council for !ational -efence.

>/ The decisions of the @upreme Council for !ational @ecurity shall be effective after theconfirmation by the ?eader.

Chapter AI> The 'evision of the Constitution

#rticle (33 )'evision b! Council and 'eferendum*

)/ The revision of the Constitution of the Islamic Republic of Iran, whenever needed by thecircumstances, will be done in the following manner<The ?eader issues an edict to the Bresident after consultation with the !ation s 5xigency Councilstipulating the amendmentsor additions to be made by the Council for Revision of the Constitution which consists of<). Members of the uardian CouncilA8. heads of the three branches of the governmentA

. permanent members of the !ation s 5xigency CouncilAE. five members from among the #ssembly of 5xpertsA>. ten representatives selected by the ?eaderA+. three representatives from the Council of MinistersA3. three representatives from the 1udiciary branchA

30



4. ten representatives from among the members of the Islamic Consultative #ssemblyA and*. three representatives from among the university professors.

8/ The method of wor"ing, manner of selection and the terms and conditions of the Council shallbe determined by law.

/ The decisions of the Council, after the confirmation and signatures of the ?eader, shall bevalid if approved by an absolute ma1ority vote in a national referendum.

E/ The provisions of #rticle >* shall not apply to the referendum for the GRevision of theConstitution.G

>/ The contents of the articles of the Constitution related to the Islamic character of the politicalsystemA the basis of all the rules and regulations according to Islamic criteriaA the religiousfootingA the ob1ectives of the Islamic Republic of IranA the democratic character of thegovernmentA the holy principleA the Imamate of UmmahA and the administration of the affairs ofthe country based on national referenda, official religion of Iran and the religious school areunalterable.



iranian constitution

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