CIVIL

The Constitution of The Islamic Republic of Iran

The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations.

Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment.

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

The Dawn of the Movement

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

Throughout this time, the conscious and responsible segment of society was
bringing enlightenment to the people from the strongholds of the mosques, centers
of religious teaching, and universities. Drawing inspiration from the revolutionary
and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of
raising the level of ideological awareness and revolutionary consciousness of the
Muslim people. The despotic regime which had begun the suppression of the Islamic
movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University,
and all other active centers of revolution, in an effort to evade the revolutionary
anger of the people, resorted to the most savage and brutal measures. And in these
circumstances, execution by firing squads, endurance of medieval tortures, and long
terms of imprisonment were the price our Muslim nation had to pay to prove its
firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured
by the blood of hundreds of young men and women, infused with faith, who raised
their cries of “Allahu Akbar” at daybreak in execution yards, or were gunned down
by the enemy in streets and marketplaces. Meanwhile, the continuing declarations
and messages of the Imam that were issued on various occasions, extended and
deepened the consciousness and determination of the Muslim nation to the utmost.

Islamic Government

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

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

The Wrath of the People

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

The Price the Nation Paid

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

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

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

The Form of Government in Islam

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

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

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

In creating, on the basis of ideological outlook, the political infrastructures and
institutions that are the foundation of society, the righteous will assume the
responsibility of governing and adMinistering the country (in accordance with the
Koranic verse “Verily My righteous servants shall inherit the earth” [21:105]).
Legislation setting forth regulations for the administration of society will revolve
around the Koran and the Sunnah. Accordingly, the exercise of meticulous and
earnest supervision by just, pious, and committed scholars of Islam is an absolute
necessity. In addition, the aim of government is to foster the growth of man in such a
way that he progresses towards the establishment of a Divine order (in accordance
with the Koranic phrase “And toward God is the journeying” [3 28]); and to create
favorable conditions for the emergence and blossoming of man’s innate capacities,
so that the theomorphic dimensions of the human being are manifested (in
accordance with the injunction of the Prophet (S) “Mould yourselves according to
the Divine morality”); this goal cannot be attained without the active and broad
participation of all segments of society in the process of social development.
With due attention to this goal, the Constitution provides the basis of such
participation by all members of society at all stages of the political decision-making
process on which the destiny of the country depends. In this way during the course
of human development towards perfection, each individual will himself be involved
in, and responsible for the growth, advancement, and leadership of society. Precisely
in this lies the realization of the holy government upon earth (in accordance with
the Koranic verse “And we wish to show favor to those who have been oppressed
upon earth, and to make them leaders and the inheritors.” [28:5]).

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

The Economy is a Means, Not an End

In strengthening the foundations of the economy, the fundamental consideration
will be fulfillment of the material needs of man in the course of his overall growth
and development. This principle contrasts with other economic systems, where the
aim is concentration and accumulation of wealth and maximization of profit. In
materialist schools of thought, the economy represents an end in itself, so that it
comes to be a subversive and corrupting factor in the course of man’s development.
In Islam, the economy is a means, and all that is required of a means is that it should
be an efficient factor contributing to the attainment of the ultimate goal.

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

Woman in the Constitution

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

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

An Ideological Army

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

The Judiciary in the Constitution

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

Executive Power

Considering the particular importance of the executive power in implementing the
laws and ordinances of Islam for the sake of establishing the rule of just relations
over society, and considering, too, its vital role in paving the way for the
attainment of the ultimate goal of life, the executive power must work toward the
creation of an Islamic society. Consequently, the confinement of the executive power
within any kind of complex and inhibiting system that delays or impedes the
attainment of this goal is rejected by Islam. Therefore, the system of bureaucracy,
the result and product of old forms of government, will be firmly cast away, so that
an executive system that functions efficiently and swiftly in the fulfillment of its
administrative commitments comes into existence.

Mass-Communication Media

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

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

Representatives

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


Chapter I

General Principles

Article 1 [Form of Government]

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

Article 2 [Foundational Principles]

The Islamic Republic is a system based on belief in:

1) the One God (as stated in the phrase “There is no god except Allah”), His exclusive
sovereignty and right to legislate, and the necessity of submission to His commands;

2) Divine revelation and its fundamental role in setting forth the laws;

3) the return to God in the Hereafter, and the constructive role of this belief in the
course of man’s ascent towards God;

4) the justice of God in creation and legislation;

5) continuous leadership and perpetual guidance, and its fundamental role in
ensuring the uninterrupted process of the revolution of Islam;

6) the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to:

a) continuous leadership of the holy persons, possessing necessary qualifications, exercised on the basis of the Koran and the Sunnah, upon all of whom be peace;
b) sciences and arts and the most advanced results of human experience, together
with the effort to advance them further;
c) negation of all forms of oppression, both the infliction of and the submission to it,
and of dominance, both its imposition and its acceptance.

Article 3 [State Goals]
In order to attain the objectives specified in Article 2, the government of the Islamic
Republic of Iran has the duty of directing all its resources to the following goals:

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

Article 4 [Islamic Principle]

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

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

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

Article 7 [Consultative Bodies]
(1) In accordance with the command of the Koran contained in the verse “Their
affairs are by consultations among them” [42:38] and “Consult them in affairs”
[3:159], consultative bodies – such as the Islamic Consultative Assembly, the
Provincial Councils, and the City, Region, District, and Village Councils and the likes
of them – are the decision-making and administrative organs of the country.
(2) The nature each of these councils, together with the manner of their formation,
their jurisdiction, and scope of their duties and functions, is determined by the
Constitution and laws derived from it.

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

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

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

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

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

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

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

Chapter II
The Official Language, Script, Calendar, and Flag of the Country

Article 15 [Official Language]
The Official Language and script of Iran, the lingua franca of its people, is Persian.
Official documents, correspondence, and texts, as well as text-books, must be in this
language and script. However, the use of regional and tribal languages in the press
and mass media, as well as for teaching of their literature in schools, is allowed in
addition to Persian.

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

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

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

Chapter III
The Rights of the People

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

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

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

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

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

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

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

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

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

Article 28 [Work]
(1) Everyone has the right to choose any occupation he wishes, if it is not contrary
to Islam and the public interests, and does not infringe the rights of others.
(2) The government has the duty, with due consideration of the need of society for
different kinds of work, to provide every citizen with the opportunity to work, and
to create equal conditions for obtaining it.

Article 29 [Welfare Rights]
(1) To benefit from social security with respect to retirement, unemployment, old
age, disability, absence of a guardian, and benefits relating to being stranded,
accidents, health services, and medical care and treatment, provided through
insurance or other means, is accepted as a universal right.
(2) The government must provide the foregoing services and financial support for
every individual citizen by drawing, in accordance with the law, on the national
revenues and funds obtained through public contributions.

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter IV
Economy and Financial Affairs

Article 43 [Principles]
The economy of the Islamic Republic of Iran, with its objectives of achieving the
economic independence of the society, uprooting poverty and deprivation, and
fulfilling human needs in the process of development while preserving human
liberty, is based on the following criteria:

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

Article 44 [Sectors]
(1) The economy of the Islamic Republic of Iran is to consist of three sectors: state,
cooperative, and private, and is to be based on systematic and sound planning.
(2) The state sector is to include all large-scale and mother industries, foreign trade,
major minerals, banking, insurance, power generation, dams, and large-scale
irrigation networks, radio and television, post, telegraph and telephone services,
aviation, shipping, roads, railroads and the like; all these will be publicly owned and
adMinistered by the State.
(3) The cooperative sector is to include cooperative companies and enterprises
concerned with production and distribution, in urban and rural areas, in accordance
with Islamic criteria.
(4) The private sector consists of those activities concerned with agriculture, animal
husbandry, industry, trade, and services that supplement the economic activities of
the state and cooperative sectors.
(5) Ownership in each of these three sectors is protected by the laws of the Islamic
Republic, in so far as this ownership is in conformity with the other articles of this
chapter, does not go beyond the bounds of Islamic law, contributes to the economic
growth and progress of the country and does not harm society.
(6) The scope of each of these sectors as well as the regulations and conditions
governing their operation, will be specified by law.
Article 45 [Public Wealth]
Public wealth and property, such as uncultivated or abandoned land, mineral
deposits, seas, lakes, rivers and other public waterways, mountains, valleys, forests,
marshlands, natural forests, unenclosed pastures, legacies without heirs, property of
undetermined ownership, and public property recovered from usurpers, shall be at
the disposal of the Islamic government for it to utilize in accordance with the public
interest. Law will specify detailed procedures for the utilization of each of the
foregoing items.

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

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

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

Article 49 [Confiscation]

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

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

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

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

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

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

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

Chapter V
The Right of National Sovereignty

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

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

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

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

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

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

Chapter VI
The Legislative Powers

Section 1
The Islamic Consultative Assembly

Article 62 [Election]
(1) The Islamic Consultative Assembly is constituted by the representatives of the
people elected directly and by secret ballot.
(2) The qualifications of voters and candidates, as well as the nature of election, will
be specified by law.

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

Article 64 [270 Members, Religious Representatives]
(1) There are to be two hundred seventy members of the Islamic Consultative
Assembly which, keeping in view the human, political, geographic, and other similar
factors, may increase by not more than twenty for each ten-year period from the
date of the national referendum of the year 1368 of the solar Islamic calendar.
(2) The Zoroastrians and Jews will each elect one representative; Assyrian and
Chaldean Christians will jointly elect one representative; and Armenian Christians in
the north and those in the south of the country will each elect one representative.
(3) The delimitation of the election constituencies and the number of
representatives will be determined by law.

Article 65 [Quorum, Code of Procedure]
(1) After the holding of elections, sessions of the Islamic Consultative Assembly are
considered legally valid when two-thirds of the total number of members are
present. Drafts and bills will be approved in accordance with the code of procedure
approved by it, except in cases where the Constitution has specified a certain
quorum.
(2) The consent of two-thirds of all members present is necessary for the approval
of the code of procedure of the Assembly.

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

Article 67 [Oath]
(1) Members of the Assembly must take the following oath at the first session of the
Assembly and affix their signatures to its text:
“In the Name of God, the Compassionate, the Merciful. In the presence of the
Glorious Koran, I swear by God, the Exalted and Almighty, and undertake, swearing
by my own honor as a human being, to protect the sanctity of Islam and guard the
accomplishments of the Islamic Revolution of the Iranian people and the
foundations of the Islamic Republic; to protect, as a just trustee, the honor bestowed
upon me by the people, to observe piety in fulfilling my duties as people’s
representative; to remain always committed to the independence and honor of the
country; to fulfil my duties towards the nation and the service of the people; to
defend the Constitution; and to bear in mind, boath in speech and writing and in the
expression of my views, the independence of the country, the freedom of the people,
and the security of their interests.”
(2) Members belonging to the religious minorities will swear by their own sacred
books while taking this oath.
(3) Members not attending the first session will perform the ceremony of taking the
oath at the first session they attend.

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

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

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

Section 2
Powers and Authority of the Islamic Consultative Assembly

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 85 [Delegated Legislation]
(1) The right of membership is vested with the individual, and is not transferable to
others. The Assembly cannot delegate the power of legislation to an individual or
committee. But whenever necessary, it can delegate the power of legislating certain
laws to its own committees, in accordance with Article 72. In such a case, the laws
will be implemented on a tentative basis for a period specified by the Assembly, and
their final approval will rest with the Assembly.
(2) Likewise, the Assembly may, in accordance with Article 72, delegate to the
relevant committees the responsibility for permanent approval of articles of
association of organizations, companies, government institutions, or organizations
affiliated to the government and or invest the authority in the government. In such a
case, the government approvals must not be inconsistent with the principles and
commandments of the official religion in the country or with the Constitution, which
question shall be determined by the Guardian Council in accordance with what is
stated in Article 96. In addition to this, the Government approvals shall not be
against the laws and other general rules of the country and, while calling for
implementation, the same shall be brought to the knowledge of the Speaker of the
Islamic Consultative Assembly for his study and indication that the approvals in
question are not inconsistent with the aforesaid rules.

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

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

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

Article 89 [Interpellation]
(1) Members of the Islamic Consultative Assembly can interpellate the Council of
Ministers or an individual Minister in instances they deem necessary.
Interpellations can be tabled if they bear the signatures of at least ten members.
The Council of Ministers or interpellated Minister must be present in the Assembly
within ten days after the tabling of the interpellation in order to answer it and seek
a vote of confidence. If the Council of Ministers or the Minister concerned fails to
attend the Assembly, the members who tabled the interpellation will explain their
reasons, and the Assembly will declare a vote of no confidence if it deems it
necessary.
If the Assembly does not pronounce a vote of confidence, the Council of Ministers or
the Minister subject to interpellation is dismissed. In both cases, the Ministers
subject to interpellation cannot become members of the next Council of Ministers
formed immediately afterwards.
(2) In the event at least one-third of the members of the Islamic Consultative
Assembly interpellate the President concerning his executive responsibilities in
relation with the Executive Power and the executive affairs of the country the
President must be present in the Assembly within one month after the tabling of the
interpellation in order to give adequate explanations in regard to the matters raised.
In the event, after hearing the statements of the opposing and favoring members
and the reply of the President, two-thirds of the members of the Assembly declare a
vote of no confidence, the same will be communicated to the Leadership for
information and implementation of Article 110 (10).

Article 90 [Complaints, Petitions]
Whoever has a complaint concerning the work of the Assembly or the executive
power or the judicial power can forward his complaint in writing to the Assembly.
The Assembly must investigate his complaint and give a satisfactory reply. In cases
where the complaint relates to the executive or the judiciary, the Assembly must
demand proper investigation in the matter and an adequate explanation from them,
and announce the results within a reasonable time. In cases where the subject of the
complaint is of public interest, the reply must be made public.

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

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

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

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

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

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

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

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

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

Chapter VII
Councils

Article 100 [Regional Councils]
(1) In order to expedite social, economic, development, public health, cultural, and
educational programs and facilitate other affairs relating to public welfare with the
cooperation of the people according to local needs, the administration of each
village, division, city, municipality, and province will be superseded by a council to
be named the Village, Division, City, Municipality, or Provincial Council. Members of
each of these councils will be elected by the people of the locality in question.
(2) Qualifications for the eligibility of electors and candidates for these councils, as
well as their functions and powers, the mode of election, the council jurisdiction,
and the hierarchy of their authority will be determined by law in such a way as to
preserve national unity, territorial integrity, the system of the Islamic Republic, and
the sovereignty of the central government.

Article 101 [Supreme Council of the Provinces]
(1) In order to prevent discrimination in the preparation of programs for the
development and welfare of the provinces, to secure the cooperation of the people,
and to arrange for the supervision of coordinated implementation of such programs,
a Supreme Council of the Provinces will be formed, composed of representatives of
the Provincial Councils.
(2) Law will specify the manner in which this council is to be formed and the
functions that it is to fulfil.

Article 102 [Council Bills]
The Supreme Council of the Provinces has the right within its jurisdiction, to draft
bills and to submit them to the Islamic Consultative Assembly, either directly or
through the government. These bills must be examined by the Assembly.
Article 103 [Power Over Local Governments]
Provincial governors, city governors, divisional governors, and other officials
appointed by the government must abide by all decisions taken by the councils
within their jurisdiction.

Article 104 [Worker Councils]
(1) In order to ensure Islamic equity and cooperation in carrying out the programs
and to bring about the harmonious progress of all units of production, both
industrial and agricultural, councils consisting of the representatives of the workers,
peasants, other employees, and managers, will be formed in educational and
administrative units, units of service industries, and other units of a like nature,
similar councils will be formed, composed of representatives of the members of
those units.
(2) The mode of the formation of these councils and the scope of their functions and
powers, are to be specified by law.

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

Article 106 [Right Against Dissolution]
(1) The councils may not be dissolved unless they deviate from their legal duties.
The body responsible for determining such deviation, as well as the manner for
dissolving the councils and reforming them, will be specified by law.
(2) Should a council have any objection to its dissolution, it has
the right to appeal to a competent court, and the court is duty-bound to examine its
complaint outside the docket sequence.

Chapter VIII
The Leader or Leadership Council

Article 107 [Religious Leader]
(1) After the demise of Imam Khumayni, the task of appointing the Leader shall be
vested with the experts elected by the people. The experts will review and consult
among themselves concerning all the religious men possessing the qualifications
specified in Articles 5 and 109. In the event they find one of them better versed in
Islamic regulations or in political and social issues, or possessing general popularity
or special prominence for any of the qualifications mentioned in Article 109, they
shall elect him as the Leader. Otherwise, in the absence of such a superiority, they
shall elect and declare one of them as the Leader. The Leader thus elected by the
Assembly of Experts shall assume all the powers of the religious leader and all the
responsibilities arising therefrom.
(2) The Leader is equal with the rest of the people of the country in the eyes of law.

Article 108 [Experts]
The law setting out the number and qualifications of the experts, the mode of their
election, and the code of procedure regulating the sessions during the first term
must be drawn up by the religious men on the first Guardian Council, passed by a
majority of votes and then finally approved by the Leader of the Revolution. The
power to make any subsequent change or a review of this law, or approval of all the
provisions concerning the duties of the experts is vested in themselves.
Article 109 [Leadership Qualifications]
(1) Following are the essential qualifications and conditions for the Leader:
a. Scholarship, as required for performing the functions of religious leader in
different fields.
b. Justice and piety, as required for the leadership of the Islamic Ummah.
c. Right political and social perspicacity, prudence, courage, administrative facilities,
and adequate capability for leadership.
(2) In case of multiplicity of persons fulfilling the above qualifications and
conditions, the person possessing the better jurisprudential and political
perspicacity will be given preference.

Article 110 [Leadership Duties and Powers]

(1) Following are the duties and powers of the Leadership:
1. Delineation of the general policies of the Islamic Republic of Iran after
consultation with the Nation’s Exigency Council.
2. Supervision over the proper execution of the general policies of the system.
3. Issuing decrees for national referenda.
4. Assuming supreme command of the Armed Forces.
5. Declaration of war and peace and the mobilization of the Armed Forces.
6. Appointment, dismissal, and resignation of:
a. the religious men on the Guardian Council,
b. the supreme judicial authority of the country,
c. the head of the radio and television network of the Islamic Republic of Iran,
d. the chief of the joint staff,
e. the chief commander of the Isalmic Revolution Guards Corps, and
f. the supreme commanders of the Armed Forces.
7. Resolving differences between the three wings of the Armed Forces and
regulation of their relations.
8. Resolving the problems which cannot be solved by conventional methods,
through the Nation’s Exigency Council.
9. Signing the decree formalizing the election of the President of the Republic by the
people. The suitability of candidates for the Presidency of the Republic, with respect
to the qualifications specified in the Constitution, must be confirmed before
elections take place by the Guardian Council, and, in the case of the first term of a
President, by the Leadership. 10. Dismissal of the President of the Republic, with
due regard for the interests of the country, after the Supreme Court holds him guilty
of the violation of his constitutional duties, or after a vote of the Islamic Consultative
Assembly testifying to his incompetence on the basis of Article 89.
11. Pardoning or reducing the sentences of convicts, within the framework of
Islamic criteria, on a recommendation from the Head of judicial power.
(2) The Leader may delegate part of his duties and powers to another person.
Article 111 [Leadership Council]
(1) Whenever the Leader becomes incapable of fulfilling his constitutional duties, or
loses one of the qualifications mentioned in Articles 5 and 109, or it becomes known
that he did not possess some of the qualifications initially, he will be dismissed. The
authority of determination in this matter is vested with the experts specified in
Article 108.
(2) In the event of the death, or resignation or dismissal of the Leader, the experts
shall take steps within the shortest possible time for the appointment of the new
Leader. Until the appointment of the new Leader, a council consisting of the
President, head of the judiciary power, and a religious men from the Guardian
Council, upon the decision of the Nation’s Exigency Council, shall temporarily take
over all the duties of the Leader. In the event that, during this period, any one of
them is unable to fulfil his duties for whatsoever reason, another person, upon the
decision of majority of religious men in the Nation’s Exigency Council shall be
elected in his place.
(3) This council shall take action in respect of items 1, 3, 5, and 10, and sections d, e
and f of item 6 of Article 110, upon the decision of three-fourths of the members of
the Nation’s Exigency Council.
(4) Whenever the leader becomes temporarily unable to perform the duties of
leadership owing to his illness or any other incident, then during this period, the
council mentioned in this article shall assume his duties.

Article 112 [Exigency Council]
(1) Upon the order of the Leader, the Nation’s Exigency Council shall meet at any
time the Guardian Council judges a proposed bill of the Islamic Consultative
Assembly to be against the principles of Sharrah or the Constitution, and the
Assembly is unable to meet the expectations of the Guardian Council. Also, the
Council shall meet for consideration on any issue forwarded to it by the Leader and
shall carry out any other responsibility as mentioned in this Constitution.
(2) The permanent and changeable members of the Council shall be appointed by
the Leader.
(3) The rule for the Council shall be formulated and approved by the Council
members subject to the confirmation by the Leader.

Chapter IX
The Executive Power

Section 1
The Presidency

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

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

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

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

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

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

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

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

Article 121 [Oath]
The President must take the following oath and affix his signature to it at a session
of the Islamic Consultative Assembly in the presence of the head of the judicial
power and the members of the Guardian Council:

“In the Name of God, the Compassionate, the Merciful, I, as President, swear, in the
presence of the noble members of parliament and the people of Iran, by God, the
Exalted and Almighty, that I will guard the official religion of the country, the order
of the Islamic Republic, and the Constitution of the country; that I will devote all my
capacities and abilities to the fulfillment of the responsibilities that I have assumed;
that I will dedicate myself to the service of the people, the honor of the country, the
propagation of religion and morality, and the support of truth and justice, refraining
from every kind of arbitrary behavior; that I will protect the freedom and dignity of
all citizens and the rights that the Constitution has accorded the people; that in
guarding the frontiers and the political, economic, and cultural independence of the
country I will not avoid any necessary measure; that, seeking help from God and
following the Prophet of Islam and the infallible Imams (peace be upon them), I will
guard, as a pious and selfless trustee, the authority vested in me by the people as a
sacred trust, and transfer it to whomever the people may elect after me.”

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

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

Article 124 [Presidential Deputies]
(1) The President may have deputies for the performance of his constitutional
duties.
(2) With the approval of the President, the first deputy of the President shall be
vested with the responsibilities of adMinistering the affairs of the Council of
Ministers and coordination of functions of other deputies.

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

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

Article 127 [Special Representatives]
In special circumstances, subject to approval of the Council of Ministers, the
President may appoint one or more special representatives with specific powers. In
such cases, the decisions of his representative(s) will be considered as the same as
those of the President and the Council of Ministers.

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

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

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

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

Article 132 [Restricted Interim Period]
During the period when the powers and responsibilities of the President are
assigned to his first deputy or the other person in accordance with Article 131,
neither can the Ministers be interpellated nor can a vote of no confidence be passed
against them. Also, neither can any step be undertaken for a review of the
Constitution, nor a national referendum be held.

Section 2
The President and Ministers

Article 133 [Appointment of Ministers]
Ministers will be appointed by the President and will be presented to the Assembly
for a vote of confidence. With the change of Assembly, a new vote of confidence will
not be necessary. The number of Ministers and the jurisdiction of each will be
determined by law.

Article 134 [Council of Ministers]
(1) The President is the head of the Council of Ministers. He supervises the work of
the Ministers and takes all necessary measures to coordinate the decisions of the
government. With the cooperation of the Ministers, he determines the program and
policies of the government and implements the laws.
(2) In the case of discrepancies or interferences in the constitutional duties of the
government agencies, the decision of the Council of Ministers at the request of the
President shall be binding provided it does not call for an interpretation of or
modification in the laws.
(3) The President is responsible to the Assembly for the actions of the Council of
Ministers.

Article 135 [Dismissal, Caretaker]
(1) The Ministers shall continue in office unless they are dismissed, or given a vote
of no confidence by the Assembly as a result of their interpellation, or a motion for a
vote of no confidence against them.
(2) The resignation of the Council of Ministers or that of each of them shall be
submitted to the President, and the Council of Ministers shall continue to function
until such time as the new government is appointed.
(3) The President can appoint a caretaker for maximum period of three months for
the ministries having no Minister.

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

Article 137 [Responsibility]
Each of the Ministers is responsible for his duties to the President and the Assembly,
but in matters approved by the Council of Ministers as a whole, he is also
responsible for the actions of the others.
Article 138 [Implementation of Laws, Ministerial Commissions]
(1) In addition to instances in which the Council of Ministers or a single Minister is
authorized to frame procedures for the implementation of laws, the Council of
Ministers has the right to lay down rules, regulations, and procedures for
performing its administrative duties, ensuring the implementation of laws, and
setting up administrative bodies. Each of the Ministers also has the right to frame
regulations and issue orders in matters within his jurisdiction and in conformity
with the decisions of the Council of Ministers. However, the control of all such
regulations must not violate the letter or the spirit of the law.
(2) The government can entrust any portion of its task to commissions composed of
some Ministers. The decisions of such commissions within the rules will be binding
after the endorsement of the President.
(3) The ratifications and the regulations of the Government and the decisions of the
commissions mentioned under this article shall also be brought to the notice of the
Speaker of the Islamic Consultative Assembly while being communicated for
implementation so that in the event he finds them contrary to law, he may send the
same stating the reason for reconsideration by the Council of Ministers.

Article 139 [Property Claims]
The settlement of claims relating to public and state property or the referral thereof
to arbitration is in every case dependent on the approval of the Council of Ministers,
and the Assembly must be informed of these matters. In cases where one party to
the dispute is a foreigner, as well as in important cases that are purely domestic, the
approval of the Assembly must also be obtained. Law will specify the important
cases intended here.

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

Article 141 [Incompatibility]
(1) The President the deputies to the President Ministers and Government
employees cannot hold more than one Government position, and it is forbidden for
them to hold any kind of additional post in institutions of which all or a part of the
capital belongs to the government or public institutions, to be a member of the
Islamic Consultative Assembly, to practice the profession of attorney or legal
adviser, or to hold the post of president managing director, or membership of the
board of
directors of any kind of private company, with the exception of cooperative
companies affiliated to the government departments and institutions.
(2) Teaching positions in universities and research institutions are exempted from
this rule.

Article 142 [Asset Control]
The assets of the Leader, the President, the deputies to the President, and Ministers,
as well as those of their spouses and offspring, are to be examined before and after
their term of office by the head of the judicial power, in order to ensure they have
not increased in a fashion contrary to law.
Section 3
The Army and the Islamic Revolution Guards Corps

Article 143 [Army Functions]
The Army of the Islamic Republic of Iran is responsible for guarding the
independence and territorial integrity of the country, as well as the order of the
Islamic Republic.

Article 144 [Islamic Army]
The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to
Islamic ideology and the people, and must recruit into its service individuals who
have faith in the objectives of the Islamic Revolution and are devoted to the cause of
realizing its goals.

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

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

Article 147 [Peace Functions]
In time of peace, the government must utilize the personnel and technical
equipment of the Army in relief operations, and for educational and productive
ends, and the Construction Jihad while fully observing the criteria of Islamic justice
and ensuring that such utilization does not harm the combat-readiness of the Army.

Article 148 [No Personal Use]
All forms of personal use of military vehicles, equipment, and other means, as well
as taking advantage of Army and chauffeurs or bidden.

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

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

Article 151 [Military Training]
In accordance with the noble Koranic verse: “Prepare against them whatever force
you are able to muster, and horses ready for battle, striking fear into God’s enemy
and your enemy, and others beyond them unknown to you but known to God…”
[8:60], the government is obliged to provide a program of military training, with all
requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such
a way that all citizens will always be able to engage in the armed defence of the
Islamic Republic of Iran. The possession of arms, however, requires the granting of
permission by the competent authorities.

Chapter X
Foreign Policy

Article 152 [Principles]

The foreign policy of the Islamic Republic of Iran is based upon the rejection of all
forms of domination, both the exertion of it and submission to it, the preservation of
the independence of the country in all respects and its territorial integrity, the
defence of the rights of all Muslims, nonalignment with respect to the hegemonist
superpowers, and the maintenance of mutually peaceful relations with all nonbelligerent States.

Article 153 [No Foreign Control]
Any form of agreement resulting in foreign control over the natural resources,
economy, army, or culture of the country, as well as other aspects of the national life,
is forbidden.

Article 154 [Independence, Support of Just Struggles]

The Islamic Republic of Iran has as its ideal human felicity throughout human
society, and considers the attainment of independence, freedom, and rule of justice
and truth to be the right of all people of the world. Accordingly, while scrupulously
refraining from all forms of interference in the internal affairs of other nations, it
supports the just struggles of the freedom fighters against the oppressors in every
corner of the globe.

Article 155 [Asylum]

The government of the Islamic Republic of Iran may grant political asylum to those
who seek it unless they are regarded as traitors and saboteurs according to the laws
of Iran.

Chapter XI
The Judiciary

Article 156 [Status, Functions]
The judiciary is an independent power, the protector of the rights of the individual
and society, responsible for the implementation of justice, and entrusted with the
following duties:

  1. investigating and passing judgement on grievances, violations of rights, and complaints; the resolution of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;
  2. restoring public rights and promoting justice and legitimate freedoms;
  3. supervising the proper enforcement of laws;
  4. uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting
    the penalties and provisions of the Islamic penal code; and
  5. taking suitable measures to prevent the occurrence of crime and to reform criminals.

Article 157 [Head of Judiciary]
In order to fulfil the responsibilities of the judiciary power in all the matters
concerning judiciary, administrative and executive areas, the Leader shall appoint a
just honorable man well versed in judiciary affairs and possessing prudence and
administrative abilities as the head of the judiciary power for a period of five
years who shall be the highest judicial authority.

Article 158 [Functions of the Head of Judiciary]
The Head of Judiciary is responsible for the following: 1. Establishment of structure
necessary for the justice commensurate with mentioned under Article 156.
2. Drafting judiciary bills appropriate for the Islamic Republic.
3. Employment of just and worthy judges, their dismissal, appointment, transfer,
assignment to particular duties, promotions, and carrying out similar administrative
duties, in accordance with the law.

Article 159 [Courts]
The courts of justice are the official bodies to which all grievances and complaints
are to be referred. The formation of courts and their jurisdiction is to be determined
by law.

Article 160 [Minister of Justice]
(1) The Minister of Justice owes responsibility in all matters concerning the
relationship between the judiciary on the one hand and the executive and legislative
branches on the other hand. He will be elected from among the individuals proposed
to the President by the head of the judiciary branch.
(2) The head of the judiciary may delegate full authority to the Minister of Justice in
financial and administrative areas and for employment of personnel other than
judges in which case the Minister of Justice shall have the same authority and
responsibility as those possessed by the other Ministers in their capacity as the
highest ranking government executives.

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

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

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

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

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

Article 166 [Reasoned Verdicts]
The verdicts of courts must be well reasoned out and documented with reference to
the articles and principles of the law in accordance with which they are delivered.

Article 167 [Rule of Law for Judiciary]
The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgement on the basis of authoritative Islamic sources and authentic fatawa. He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgement.

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

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

Article 170 [Control of Regulations]
Judges of courts are obliged to refrain from executing statutes and regulations of the
government that are in conflict with the laws or the norms of Islam, or lie outside
the competence of the executive power. Everyone has the right to demand the
annulment of any such regulation from the Court of Administrative Justice.

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

Article 172 [Military Courts]
Military courts will be established by law to investigate crimes committed in
connection with military or security duties by members of the Army, the
Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried
in public courts, however, for common crimes or crimes committed while serving
the department of justice in executive capacity. The office of military prosecutor and
the military courts form part of the judiciary and are subject to the same principles
that regulate the judiciary.

Article 173 [Court of Administrative Justice]
In order to investigate the complaints, grievances, and objections of the people with
respect to government officials, organs, and statutes, a court will be established to
be known as the Court of Administrative Justice under the supervision of the head of
the judiciary branch. The jurisdiction, powers, and mode of operation of this court
will be laid down by law.

Article 174 [National General Inspectorate]
In accordance with the right of the judiciary to supervise the proper conducting of
affairs and the correct implementation of laws by the administrative organs of the
government, an organization will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.

Chapter XII
Radio and Television

Article 175 [Freedom of Expression, Government Control]
(1) The freedom of expression and dissemination of thoughts in the Radio and
Television of the Islamic Republic of Iran must be guaranteed in keeping with the
Islamic criteria and the best interests of the country.
(2) The appointment and dismissal of the head of the Radio and Television of the
Islamic Republic of Iran rests with the Leader. A council consisting of two
representatives each of the President, the head of the judiciary branch, and the
Islamic Consultative Assembly shall supervise the functioning of this organization.
(3) The policies and the manner of managing the organization and its supervision
will be determined by law.

Chapter XIII
Supreme Council for National Security

Article 176 [Supreme Council for National Security]
(1) In order to safeguarding the national interests and preserving the Islamic
Revolution, the territorial integrity, and the national sovereignty, a Supreme Council
for National Security presided over by the President shall be constituted to fulfil the
following responsibilities: 1. Determining the defence and national security policies
within the framework of general policies determined by the Leader;
2. coordination of activities in the areas relating to politics, intelligence, social,
cultural and economic fields in regard to general defence and security policies; and
3. exploitation of materialistic and intellectual resources of the country for facing
the internal and external threats.
(2) The Council shall consist of:
– the heads of three branches of the government,
– the chief of the Supreme Command Council of the Armed Forces,
– the officer in charge of the planning and budget affairs,
– two representatives nominated by the Leader,
– Ministers of foreign affairs, interior, and information,
– a Minister related with the subject, and
– the highest ranking officials from the Armed Forces and the Islamic Revolution’s
Guards Corps.

(3) Commensurate with its duties, the Supreme Council for National Security shall
form subcouncils such as Defence Subcouncil and National Security Subcouncil. Each
subcouncil will be presided over by the President or a member of the Supreme
Council for National Security appointed by the President.
(4) The scope of authority and responsibility of the subcouncils will be determined
by law and their organizational structure will be approved by the Supreme Council
for National Defence.
(5) The decisions of the Supreme Council for National Security shall be effective
after the confirmation by the Leader.

Chapter XIV
The Revision of the Constitution

Article 177 [Revision by Council and Referendum]
(1) The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner:
The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of:

  1. Members of the Guardian Council;
  2. heads of the three branches of the government;
  3. permanent members of the Nation’s Exigency Council;
  4. five members from among the Assembly of Experts;
  5. ten representatives selected by the Leader;
  6. three representatives from the Council of Ministers;
  7. three representatives from the judiciary branch;
  8. ten representatives from among the members of the Islamic Consultative Assembly; and
  9. three representatives from among the university professors.

(2) The method of working, manner of selection and the terms and conditions of the
Council shall be determined by law.
(3) The decisions of the Council, after the confirmation and signatures of the Leader,
shall be valid if approved by an absolute majority vote in a national referendum.
(4) The provisions of Article 59 shall not apply to the referendum for the “Revision
of the Constitution.”
(5) The contents of the articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the holy principle; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran and the religious school are unalterable


General Text (Approved in 1979, Amended in 1989)

Categories: CIVIL, Law of Iran

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