Constitutional Executive Authority
Article 113
Next to the Leader, the President shall be the highest official State authority who is responsible for the implementation of the Constitution and, as the Chief Executive, for the exercise of the executive powers, with the exception of those matters that directly relate to the Leader.
Article 114
The President shall be elected by the direct vote of the people for a four-year term of office. His consecutive re-election shall be allowed only for one term.
Article 115
The President shall be elected from among distinguished religious and political personalities having the following qualifications: He shall be of Iranian origins, have Iranian citizenship, be efficient and prudent, have a record of good reputation, honesty and piety, and be true and faithful to the essentials of the Islamic Republic of Iran and the official Faith of the country.
Article 116
Presidential candidates shall officially announce their nominations before the commencement of elections. Provisions relating to the holding of presidential elections shall be laid down by law.
Article 117
The President shall be elected by an absolute majority of votes cast. However, if in the first round none of the candidates secures such majority, a second round of elections shall be held on the Friday of the following week. Only two of the candidates, who secure the highest number of votes in the first round, shall participate in the second round. But in case one or more of such candidates wish to withdraw from the elections, two candidates from among the rest, who secured the highest number of votes in the first round, shall be introduced for election.
Article 118
The Guardian Council shall be responsible for supervising over the presidential elections in accordance with the provisions of Article 99. But before the first Guardian Council is established, such responsibility shall be carried out by the Supervisory Council laid down by law.
Article 119
The new President shall be elected not later than one month before the termination of the term of office of the outgoing President. During the time the new President is elected and the term of the President comes to an end, the outgoing President shall carry out the presidential duties.
Article 120
Should one of the presidential candidates, whose competence has been established according to this law, dies ten (10) days before the elections, the elections shall be postponed for a period of two weeks. In case between the first and the second round of elections, too, one of the two presidential candidates who has secured the highest number of votes dies, the elections shall be postponed for two weeks.
Article 121
The President shall take the oath of office at the Majlis in a session attended by the Head of the Judiciary and members of the Guardian Council, and sign the following oath: In the name of God the Merciful, the Compassionate ” I, as the President, upon the Holy Koran and in the presence of the Iranian Nation, do hereby swear in the name of Almighty God to safeguard the official Faith, the System of the Islamic Republic and the Constitution of the country; to use all my talents and abilities in the discharge of esponsibilities undertaken by me; to devote myself to the service of the people, glory of the country, promotion of religion and morality, support of right and propagation of justice; to refrain from being autocratic; to protect the freedom and dignity of individuals and the rights of the Nation recognized by the Constitution; to spare no efforts in safeguarding the frontiers and the political, economic and cultural freedoms of the country; to guard the power entrusted to me by the Nation as a sacred trust like an honest and faithful trustee, by seeking help from God and following the example of the Prophet of Islam and the sacred Imams (Peace be upon them), and to entrust it to the one elected by the Nation after me”.
Article 122
The President shall be responsible vis-a-vis the Nation, the Leader and the Majlis, within the limits of his authorities and responsibilities undertaken by him by virtue of the Constitution and\or ordinary laws.
Article 123
The President shall have an obligation to assent all legislation of the Majlis or the result of a referendum, after the same have duly been passed and notified to him, and to forward it to relevant authorities for implementation.
Article 124
The President may have deputies for the discharge of his lawful functions.
Article 125
The President or his legal representative shall sign treaties, conventions, agreements and contracts concluded by the Government of Iran with other governments and likewise agreements concerning international unions, after the same have been ratified by the Majlis
Article 126
The President shall be directly responsible for the State Plan and Budget, and Administrative and Civil Services Affairs of the Country. He may delegate their administration to others.
Article 127
In special circumstances the President may appoint one or more special representatives, as may be required, with specific authorities, subject to approval by the Council of Ministers. In such cases the decisions made by said representative or representatives shall be tantamount to the decisions taken by the President and the Council of Ministers.
Article 128
Ambassadors shall be appointed upon proposal by the Minister of Foreign Affairs and approval by the President. The President shall assent the credentials of the ambassadors, and receive the credentials of foreign ambassadors.
Article 129
The President shall award State decorations and medals.
Article 130
The President shall submit his resignation to the Leader, and shall continue to discharge his functions as long as his resignation is not accepted.
Article 131
The First Deputy of the President shall assume the Presidents authorities and responsibilities, with the approval of the Leader, in case of death, dismissal, resignation, absence or illness of the President lasting more than two months, or in case the term of office of the President has ended but the new President has not yet been elected due to certain obstacles or other such events. A council composed of the Majlis Speaker, Head of the Judiciary and the First Deputy of the President shall be required to arrange for the elections of the new President within a maximum period of 50 days. In case of death of the First Deputy and\or other events preventing the discharge of his functions as well as in the case where the President does not have a First Deputy, the Leader shall appoint another person in his place.
Article 132
During the period the functions and authorities of the President are assumed by the First Deputy or another person who is appointed under Article 131 hereof, the ministers may not be impeached or a vote of no confidence may not be passed against them; neither a review can be made in the Constitution nor a referendum held.
Article 133
Ministers shall be appointed by the President and presented to the Majlis for a vote of confidence. No fresh vote of confidence shall be required for the ministers if the Majlis is changed. The number of ministers and the scope of authorities of each of them shall be laid down by law.
Article 134
The President shall be the head of the Council of Ministers. He shall supervise the work of ministers and by taking the necessary measures coordinate the decisions of individual ministers and the Council of Ministers; he shall determine the plan and policy of the Government and implement the law in cooperation with the ministers. In cases of difference of opinion and\or interference in the legal duties of government organizations, the decision of the Council of Ministers taken at the proposal of the President shall be binding if it does not require interpretation of or amendment to the law. The President shall be responsible vis-a-vis the Majlis for the actions of the Council of Ministers.
Article 135
Ministers shall remain in office as long as they have not been dismissed or the Majlis has not passed a vote of no confidence against them as a result of impeachment or motion for a vote of confidence. The resignation of the Council of Ministers or of any individual minister shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new Government is appointed. The President may appoint, for a maximum period of three months, acting heads for ministries not having ministers.
Article 136
The President can dismiss the Ministers. In that case he must obtain a vote of confidence from the Majlis(29) for the new minister or ministers. If after the Majlis has given a vote of confidence to the Government half of the members of the Council of Ministers are changed, he shall again request the Majlis for a fresh vote of confidence for the Council of Ministers.
Article 137
Every individual minister shall be responsible vis-a-vis the President and the Majlis for his own special duties. However, in certain matters approved by the Council of Ministers he may also be held responsible for the actions of others.
Article 138
In addition to the instances where the Council of Ministers or a particular minister is charged with the duty of drawing up administrative regulations of laws, the Council of Ministers shall be authorized to pass bylaws and decrees for the purpose of carrying out administrative functions, ensuring implementation of laws, and regulating administrative institutions. Every individual minister may also draw up regulations and issue circulars within the limits of his duties and approvals of the Council of Ministers. However, the purport of such regulations shall not be contrary to the letter and spirit of the law. The Government may delegate approval of certain matters related to its functions to committees composed of a number of ministers. Approvals of such committees within the limits of the law shall be enforcible after approval by the President. The Government decrees and administrative bylaws and approvals of the committees mentioned in this Article shall be communicated [to the ministries concerned] for implementation and be notified to the Speaker of the Majlis so that if he finds them against the law, he could return them to the Council of Ministers for revision, giving his reasons therefore.
Article 139
The settlement of disputes concerning public or Government property or its referral to arbitration shall in each case be contingent upon the approval by the Council of Ministers and shall be notified to the Majlis(1). Cases in which the party to a dispute is an alien as well as important internal matters shall also be approved by the Majlis. Important matters shall be laid down by law.
Article 140
Charges brought against the President, his deputies or ministers concerning ordinary crimes shall be examined by the Public Courts of the Justice Administration, with the knowledge of the Majlis
Article 141
The President, deputies of the President, ministers and Government employees may not hold more than one Government jobs; they shall be prohibited from holding another job of any type in institutions whose capital is owned fully or partly by the Government or public institutions, and from acting as a representative of the Majlis, attorney at law, legal consultant, chairman, managing director or a member of the board of directors of various types of private companies, with the exception of their respective departmental cooperative companies. Teaching positions in universities and research institutes shall be exceptions to this rule.
Article 142
The assets of the Leader or the President or the deputies of the President, ministers, their spouse and children, before and after service, shall be examined by the Head of the judiciary to see if they have not been increased unlawfully.
Treatise II – ARMY AND THE REVOLUTIONARY GUARD CORPS
Article 143
The Army of the Islamic Republic of Iran shall be responsible for safeguarding the independence, territorial integrity and the Islamic republican system of the country.
Article 144
The Army of the Islamic Republic of Iran shall be an Islamic army, which is an ideological and peoples army and which shall recruit competent individuals faithful to the objectives of the Islamic Revolution and ready to make sacrifices for attaining the same.
Article 145
No foreigner shall be accepted in the Army or the police forces of the country.
Article 146
The establishment of any foreign military bases in the country, even for peaceful purposes, shall be prohibited.
Article 147
In time of peace, the Government shall employ the Army men and its technical equipment in relief, educational and production operations, and Jihad(31) for Construction, fully observing the standards of Islamic justice, to the extent that it does not harm the combat readiness of the troops.
Article 148
It shall be prohibited to make personal use of army equipment and facilities as well as its men as orderlies, personal drivers, and the like.
Article 149
Promotion of ranks of military men and its withdrawal shall be made in accordance with law.
Article 150
The Islamic Revolutionary Guard Corps, which was established in the early days of the victory of this Revolution, shall continue to exist in order to carry out its role as the protector of the revolution and its achievements. The scope of function and responsibilities of this corps in relation to the function and responsibilities of other armed forces shall be laid down by law emphasizing the brotherly cooperation and coordination between them.
Article 151
On the basis of the Koranic instructions,(Prepare ye against them what force and companies of horse ye can, to make the enemies of God, your enemies, and others beside them, in dread thereof.Ye do not know them, but God knows them!)(32) the Government shall be under obligation to provide military training facilities for all the people of the country in accordance with the precepts of Islam in the manner that all the individuals shall always have the ablility to defend the country and the system of the Islamic Republic with arms. However, the possession of arms shall be allowed with the permission of official authorities.
Chapter Ten
FOREIGN POLICY
Article 152
The foreign policy of the Islamic Republic of Iran shall be based on the negation of exercising or accepting any form of domination whatsoever, safeguarding all-embracing independence and territorial integrity, defence of the rights of all Muslims, non-alignment with domineering powers, and peaceful and reciprocal relations with non-belligerent States.
Article 153
It shall be prohibited to conclude any treaty or agreement whatsoever that will result in the alien domination over the natural and economic resources, culture, Army and other concerns of the country.
Article 154
The Islamic Republic of Iran regards the happiness of Man in the Human Society as its aspiration and recognizes independence, freedom and the rule of right and justice as the right of all the people of the world. Therefore, while completely refraining from any interference in the internal matters of other nations, it supports the rightful struggle of the oppressed people against their oppressors anywhere in the world.
Article 155
The Government of the Islamic Republic of Iran may grant political asylum to those seeking refuge in Iran, with the exception of those who are recognized as traitors and terrorists according to the laws of Iran.
