Article 1. The form of government
of Iran is that of an Islamic Republic, endorsed by the people of Iran
on the basis of their long standing belief in the sovereignty of truth
and Qur'anic justice, in the referendum of Farwardin 9 and 10 in the
1358 of the solar Islamic calendar, corresponding to Jamadi al-'Awwal 1
and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30,
1979], through the affirmative vote of a majority of 98.2% of eligible
voters, held after the victorious Islamic Revolution led by the eminent
marji' al-taqlid, Ayatullah al-Uzma Imam Khumayni.
Article 2. The Islamic Republic
is a system based on belief in: the One God (as stated in the phrase
is no god except Allah"), His exclusive sovereignty and the right to
and the necessity of submission to His commands; Divine revelation and
its fundamental role in setting forth the laws; the return to God
in the Hereafter, and the constructive role of this belief in the
of man's ascent towards God; the justice of God in creation and
continuous leadership (imamah) and perpetual guidance, and its
role in ensuring the uninterrupted process of the revolution of Islam;
the exalted dignity and value of man, and his freedom coupled with
before God; in which equity, justice, political, economic, social, and
cultural independence, and national solidarity are secured by recourse
to: continuous ijtihad of the fuqaha' possessing necessary
exercised on the basis of the Qur'an and the Sunnah of the Ma'sumun,
all of whom be peace; sciences and arts and the most advanced results
human experience, together with the effort to advance them further;
of all forms of oppression, both the infliction of and the submission
it, and of dominance, both its imposition and its acceptance.
Article 3. In order to attain
the objectives specified in Article 2, the government of the Islamic
of Iran has the duty of directing all its resources to the following
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; raising the level of public awareness in all areas, through
the proper use of the press, mass media, and other means; free
and physical training for everyone at all levels, and the facilitation
and expansion of higher education; 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
encouraging researchers; the complete elimination of imperialism and
prevention of foreign influence; the elimination of all forms of
and autocracy and all attempts to monopolize power; ensuring political
and social freedoms within the framework of the law; the participation
of the entire people in determining their political, economic, social,
and cultural destiny; the abolition of all forms of undesirable
and the provision of equitable opportunities for all, in both the
and intellectual spheres; the creation of a correct administrative
and elimination of superfluous government organizations; all round
of the foundations of national defence to the utmost degree by means of
universal military training for the sake of safeguarding the
territorial integrity, and the Islamic order of the country; the
of a correct and just economic system, in accordance with Islamic
in order to create welfare, eliminate poverty, and abolish all forms of
deprivation with respect to food, housing, work, health care, and the
of social insurance for all; the attainment of self-sufficiency in
technological, industrial, agricultural, and military domains, and
similar spheres; securing the multifarious rights of all citizens, both
women and men, and providing legal protection for all, as well as the
of-all before the law; the expansion and strengthening of Islamic
and public cooperation among all the people; framing the foreign policy
of the country on the basis of Islamic criteria, fraternal commitment
all Muslims, and unsparing support to the mustad'afiin of the world.
Article 4. All civil, penal
financial, economic, administrative, cultural, military, political, and
other laws and regulations must be based on Islamic criteria. This
applies absolutely and generally to all articles of the Constitution as
well as to all other laws and regulations, and the fuqaha' of the
Council are judges in this matter.
Article 5. During the Occultation
of the Wali al-Asr (may God hasten his reappearance), the wilayah and
of the Ummah devolve upon the just ('adil] and pious [muttaqi] faqih,
is fully aware of the circumstances of his age; courageous,
and possessed of administrative ability, will assume the
of this office in accordance with Article 107.
Article 6. In the Islamic
Republic of Iran, the affairs of the country must be administered on
basis of public opinion expressed by the means of elections, including
the election of the President, the representatives of the Islamic
Assembly, and the members of councils, or by means of referenda in
specified in other articles of this Constitution.
Article 7. In accordance
with the command of the Qur'an contained in the verse ("Their affairs
by consultations among them" [42:38]) and ("Consult them in affairs"
consultative bodies - such as the Islamic Consultative Assembly, the
Councils, and the City, Region, District, and Village Councils and the
likes of them - are the decision-making and administrative organs of
country. The nature of each of these councils, together with the manner
of their formation, their jurisdiction, and scope of their duties and
is determined by the Constitution and laws derived from it.
Article 8. In the Islamic
Republic of Iran, al-'amr bilma'ruf wa al-nahy 'an al-munkar is a
and reciprocal duty that must be fulfilled by the people with respect
one another, by the government with respect to the people, and by the
with respect to the government. The conditions, limits, and nature of
duty will be specified by law. (This is in accordance with the Qur'anic
verse; "The believers, men and women, are guardians of one another;
enjoin the good and forbid the evil" [9:71]).
Article 9. In the Islamic
Republic of Iran, the freedom, independence, unity, and territorial
of the country are inseparable from one another, and their preservation
is the duty of the government and all individual citizens. No
group, or authority, has the right to infringe in the slightest way
the political, cultural, economic, and military independence or the
integrity of Iran under the pretext of exercising freedom. Similarly,
authority has the right to abrogate legitimate freedoms, not even by
laws and regulations for that purpose, under the pretext of preserving
the independence and territorial integrity of the country.
Article 10. Since the family
is the fundamental unit of Islamic society, all laws, regulations, and
pertinent programmes 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. In accordance
with the sacred verse of the Qur'an ("This your community is a single
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 has the duty
of formulating its general policies with a view to cultivating the
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. The official
religion of Iran is Islam and the Twelver Ja'fari school [in usual
and fiqh], and this principle will remain eternally immutable. Other
schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and Zaydi, are
to be accorded full respect, and their followers are free to act in
with their own jurisprudence in performing their religious rites. These
schools enjoy official status in matters pertaining to religious
affairs of personal status (marriage, divorce, inheritance, and wills)
and related litigation in courts of law. In regions of the country
Muslims following any one of these schools of fiqh constitute the
local regulations, within the bounds of the jurisdiction of local
are to be in accordance with the respective school of fiqh, without
upon the rights of the followers of other schools.
Article 13. Zoroastrian,
Jewish, and Christian Iranians are the only recognized religious
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
of personal affairs and religious education.
Article 14. In accordance
with the sacred verse; ("God does not forbid you to deal kindly and
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
Islamic Republic of Iran and all Muslims are duty-bound to treat
in conformity with ethical norms and the principles of Islamic justice
and equity, and to respect their human rights. This principle applies
all who refrain from engaging in conspiracy or activity against Islam
the Islamic Republic of Iran.
Script, Calendar, and Flag Of the Country
Article 15. The official
language and script of Iran, the lingua franca of its people, is
Official documents, correspondence, and texts, as well as text-books,
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. Since the language
of the Qur'an and Islamic texts and teachings is Arabic, and since
literature is thoroughly permeated by this language, it must be taught
after elementary level, in all classes of secondary school and in all
Article 17. The official
calendar of the country takes as its point of departure the migration
the Prophet of Islam - God's peace and blessings upon him and his
Both the solar and lunar Islamic calendars are recognized, but
offices will function according to the solar calendar. The official
holiday is Friday.
Article 18. The official
flag of Iran is composed of green, white and red colors with the
emblem of the Islamic Republic, together with the motto [Allah-o Akbar].
The Rights of the
Article 19. All people of
Iran, whatever the ethnic group or tribe to which they belong, enjoy
rights; and color, race, language, and the like, do not bestow any
Article 20. 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
in conformity with Islamic criteria.
Article 21. The government
must ensure the rights of women in all respects, in conformity with
criteria, and accomplish the following goals: create a favorable
for the growth of woman's personality and the restoration of her
both the material and intellectual; the protection of mothers,
during pregnancy and childbearing, and the protection of children
guardians; establishing competent courts to protect and preserve the
the provision of special insurance for widows, and aged women and women
without support; the awarding of guardianship of children to worthy
in order to protect the interests of the children, in the absence of a
Article 22. The dignity,
life, property, rights, residence, and occupation of the individual are
inviolate, except in cases sanctioned by law.
Article 23. The investigation
of individuals' beliefs is forbidden, and no one may be molested or
to task simply for holding a certain belief.
Article 24. 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. The inspection
of letters and the failure to deliver them, the recording and
of telephone conversations, the disclosure of telegraphic and telex
censorship, or the willful failure to transmit them, eavesdropping, and
all forms of covert investigation are forbidden, except as provided by
Article 26. The formation
of parties, societies, political or professional associations, as well
as religious societies, whether Islamic or pertaining to one of the
religious minorities, is permitted provided they do not violate the
of independence, freedom, national unity, the criteria of Islam, or the
basis of the Islamic republic. No one may be prevented from
in the aforementioned groups, or be compelled to participate in them.
Article 27. 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. 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
The government has the duty, with due consideration of the need of
for different kinds of work, to provide every citizen with the
to work, and to create equal conditions for obtaining it.
Article 29. To benefit from
social security with respect to retirement, unemployment, old age,
absence of a guardian, and benefits relating to being stranded,
health services, and medical care and treatment, provided through
or other means, is accepted as a universal right. The government must
the foregoing services and financial support for every individual
by drawing, in accordance with the law, on the national revenues and
obtained through public contributions.
Article 30. The government
must provide all citizens with free-education up to secondary school,
must expand free higher education to the extent required by the country
for attaining self-sufficiency.
Article 31. It is the right
of every Iranian individual and family to possess housing commensurate
with his nods. The government must maker land available for the
of this article, according priority to those whose need is greatest, in
particular the rural population and the workers.
Article 32. 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
and a provisional dossier must be forwarded to the competent judicial
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
will be liable to punishment in accordance with the law.
Article 33. No one can be
banished from his place of residence, prevented from residing in the
of his choice, or compelled to reside in a given locality, except in
provided by law.
Article 34. 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
from courts to which he has a legal right of recourse.
Article 35. 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
with legal counsel.
Article 36. The passing and
execution of a sentence must be only by a competent court and in
Article 37. 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. All forms of
torture for the purpose of extracting confession or acquiring
are forbidden. Compulsion of individuals to testify, confess, or take
oath is not permissible; and any testimony, confession, or oath
under duress is devoid of value and credence. Violation of this article
is liable to punishment in accordance with the law.
Article 39. 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
and liable to punishment.
Article 40. No one is entitled
to exercise his rights in a way injurious to others or detrimental to
Article 41. Iranian citizenship
is the indisputable right of every Iranian, and the government cannot
citizenship from any Iranian unless he himself requests it or acquires
the citizenship of another country.
Article 42. Foreign nationals
may acquire Iranian citizenship within the framework of the laws.
may be withdrawn from such persons if another State accepts them as its
citizens or if they request it.
Article 43. The economy
of the Islamic Republic of Iran, with its objectives of achieving the
independence of the society, uprooting poverty and deprivation, and
human needs in the process of development while preserving human
is. based on the following criteria: the provision of basic necessities
for all citizens: housing, food, clothing, hygiene, medical treatment,
education, and the necessary facilities for the establishment of a
ensuring conditions and opportunities of employment for everyone, with
a view to attaining full employment; placing the means of work at the
of everyone who is able to work but lacks the means, in the form of
through granting interest-free loans or recourse to any other
means that neither results in the concentration or circulation of
in the hands of a few individuals or groups, nor turns the government
a major absolute employer. These steps must be taken with due regard
the requirements governing the general economic planning of the country
at each stage of its growth; the plan for the national economy, must be
structured in such a manner that the form, content, and hours of work
every individual will allow him sufficient leisure and energy to
beyond his professional endeavor, in intellectual, political, and
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; respect for the right to choose freely
one's occupation; refraining from compelling anyone to engage in a
job; and preventing the exploitation of another's labor; the
of infliction of harm and loss upon others, monopoly, hoarding, usury,
and other illegitimate and evil practices; the prohibition of
and wastefulness in all matters related to the economy, including
investment, production, distribution, and services; the utilization of
science and technology, and the training of skilled personnel in
with the developmental needs of the country's economy; prevention of
economic domination over the country's economy; 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
Article 44. The economy of
the Islamic Republic of Iran is to consist of three sectors: state,
and private, and is to be based on systematic and sound planning. The
sector is to include all large-scale and mother industries, foreign
major minerals, banking, insurance, power generation, dams and
irrigation networks, radio and television, post, telegraph and
services, aviation, shipping, roads, railroads and the like; all these
will be publicly owned and administered by the State. The cooperative
is to include cooperative companies and enterprises concerned with
and distribution, in urban and rural areas, in accordance with Islamic
criteria. The private sector consists of those activities concerned
agriculture, animal husbandry, industry, trade, and services that
the economic activities of the state and cooperative sectors. 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
of this chapter, does not go beyond the bounds of Islamic law,
to the economic growth and progress of the country, and does not harm
The [precise] scope of each of these sectors, as well as the
and conditions governing their operation, will be specified by law.
Article 45. Public wealth
and property, such as uncultivated or abandoned land, mineral deposits,
seas, lakes, rivers and other public water- ways, mountains, valleys,
marshlands, natural forests, unenclosed pastureland, legacies without
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
procedures for the utilization of each of the foregoing items.
Article 46. Everyone is the
owner of the fruits of his legitimate business and labor, and no one
deprive another of the opportunity of business and work under the
of his right to ownership.
Article 47. Private ownership,
legitimately acquired, is to be respected. The relevant criteria are
Article 48. There must be
no discrimination among the various provinces with regard to the
of natural resources, utilization of public revenues, and distribution
of economic activities among the various provinces and regions of the
thereby ensuring that every region has access to the necessary capital
and facilities in accordance with its needs and capacity for growth.
Article 49. The government
has the responsibility of confiscating all wealth accumulated through
usurpation, bribery, embezzlement, theft, gambling, misuse of
misuse of government contracts and transactions, the sale of
lands and other resources subject to public ownership, the operation of
centers of corruption, and other illicit means and sources, and
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
evidence in accordance with the law of Islam.
Article 50. The preservation
of the environment, in which the present as well as the future
have a right to flourishing social existence, is regarded as a public
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. No form of taxation
may be imposed except in accordance with the law. Provisions for tax
and reduction will be determined by law.
Article 52. The annual budget
of the country will be drain up by the government, in the manner
by law, and submitted to the Islamic Consultative Assembly for
and approval. Any change in the figures contained in the budget will be
in accordance with the procedures prescribed by law.
Article 53. All sums collected
by the government will be deposited into the government accounts at the
central treasury, and all disbursements, within the limits of
approved, shall be made in accordance with law.
Article 54. The National
Accounting Agency is to be directly under the supervision of the
Consultative Assembly. Its organization and mode of operation in Tehran
and at the provincial capitals, are to be determined by law.
Article 55. The National
Accounting Agency will inspect and audit, in the manner prescribed by
all the accounts of ministries, government institutions and companies
well as other organizations that draw, in any way, on the general
of the country, to ensure that no expenditure exceeds the allocations
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
of each year's budget together with its own comments. This report must
be made available to the public.
The Right of
Sovereignty and the Powers Deriving Therefrom
Article 56. Absolute
over the world and man belongs to God, and it is He Who has made man
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
group. The people are to exercise this divine right in the manner
in the following articles.chanrobles virtualawlibrary
Article 57. The powers of
government in the Islamic Republic are vested in the legislature, the
and the executive powers, functioning under the supervision of the
wilayat al-'amr and the leadership of the Ummah, in accordance with the
forthcoming articles of this Constitution. These powers are independent
of each other.
Article 58. The function
of the legislature are to be exercised through the Islamic Consultative
Assembly, consisting of the elected representatives of the people.
approved by this body, after going through the stages specified in the
articles below, is communicated to the executive and the judiciary for
Article 59. In extremely
important economic, political, social, and cultural matters, the
of the legislature may be exercised through direct recourse to popular
vote through a referendum. Any request for such direct recourse to
opinion must be approved by two-thirds of the members of the Islamic
Article 60. 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
by the president and the ministers.
Article 61. the function
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
Article 62. The Islamic
consultative Assembly is constituted by the representatives of the
elected directly and by secret ballot. The qualifications of voters and
candidates, as well as the nature of election, will be specified by law.chanrobles virtualawlibrary
Article 63. 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. There are to
be two hundred seventy members of the Islamic Consultative Assembly
keeping in view the human, political, geographic and other similar
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
The Zoroastrians and Jews will each elect one representative; Assyrian
and Chaldean Christians will jointly elect one representative; and
Christians in the north and those in the south of the country will each
elect one representative. The limits of the election constituencies and
the number of representatives will be determined by law.
Article 65. After the holding
of elections, sessions of the Islamic Consultative Assembly are
legally valid when two-thirds of the total number of members are
Drafts and bills will be approved in accordance with the code of
approved by it, except in cases where the Constitution has specified a
certain quorum. The consent of two-thirds of all members present is
for the approve of the code of procedure of the Assembly.
Article 66. The manner of
election of the Speaker and the Presiding Board of the Assembly, the
of committees and their term of office, and matters related to
the discussions and maintaining the discipline of the Assembly will be
determined by the code of procedure of the Assembly.
Article 67. Members of the
Assembly must take the following oath at the first session of the
and affix their signatures to its text:chanroblesvirtuallawlibrary
In the Name of God,
Compassionate, the Merciful. In the presence of the Glorious Qur'an, I
swear by God, the Exalted and Almighty, and undertake, swearing by my
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
and honor of the country; to fulfil my duties towards the nation and
service of the people; to defend the Constitution; and to bear in mind,
both in speech and writing and in the expression of my views, the
of the country, the freedom of the people, and the security of their
Members belonging to the religious
minorities will swear by their own sacred books while taking this oath.
Members not attending the first session will perform the ceremony of
the oath at the first session they attend.chanrobles virtualawlibrary
Article 68. In time of war
and the military occupation of the country, elections due to be held in
occupied areas or countrywide may be delayed for a specified period if
proposed by the President of the Republic, and approved by
of the total members of the Islamic Consultative Assembly, with the
of the Guardian Council. If a new Assembly is not formed, the previous
one will continue to function.
Article 69. 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
A closed session may be held in emergency conditions, if it is required
for national security, upon the requisition of the President, one of
ministers, or ten members of the Assembly. Legislation passed at a
session is valid only when approved by three-fourths of the members in
the presence of the Guardian Council. After emergency conditions have
to exist, the minutes of such closed sessions, together with any
approved in them, must be made available to the public.
Article 70. The President,
his deputies and the ministers have the right to participate in the
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. [Conversely],
they request it, their statements are to be heard.
of the Islamic Consultative Assembly
Article 71. The Islamic Consultative
Assembly can establish laws on all matters, within the limits of its
as laid down in the Constitution.
Article 72. The Islamic Consultative
Assembly cannot enact laws contrary to the usual and ahkam of the
religion of the country or to the Constitution. It is the duty of the
Council to determine whether a violation has occurred, in accordance
Article 73. The interpretation
of ordinary laws falls within the competence of the Islamic
Assembly. The intent of this Article does not prevent the
that judges may make in the course of cassation.
Article 74. 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
Article 75. Members' bills
and proposals and amendments to governments bills proposed by members
entail the reduction of the public income or the increase of public
may be introduced in the Assembly only if means for compensating for
decrease in income or for meeting the new expenditure are also
Article 76. The Islamic Consultative
Assembly has the right to investigate and examine all the affairs of
Article 77. International
treaties, protocols, contracts, and agreements must be approved by the
Islamic Consultative Assembly.
Article 78. All changes in
the boundaries of the country are forbidden, with the exception of
amendments in keeping with the interests of the country, on condition
they are not unilateral, do not encroach on the independence and
integrity of the country, and receive the approval of four-fifths of
total members of the Islamic Consultative Assembly.
Article 79. The proclamation
of martial law is forbidden. In case of war or emergency conditions
to war, the government has the right to impose temporarily certain
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
authorization for them from the Assembly.
Article 80. The taking and
giving of loans or grants-in-aid, domestic and foreign, by the
must be approved by the Islamic Consultative Assembly.
Article 81. The granting
of concessions to foreigners for the formation of companies or
dealing with commerce, industry, agriculture, services or mineral
is absolutely forbidden.
Article 82. The employment
of foreign experts is forbidden, except in cases of necessity and with
the approval of the Islamic Consultative Assembly.
Article 83. Government buildings
and properties forming part of the national heritage cannot be
except with the approval of the Islamic Consultative Assembly; that,
is not applicable in the case of irreplaceable treasures.
Article 84. Every representative
is responsible to the entire nation and has the right to express his
on all internal and external affairs of the country.
Article 85. The right of
membership is vested with the individual, and is not transferable to
The Assembly cannot delegate the power of legislation to an individual
or committee. But whenever necessary, it can delegate the power of
certain laws to its own committees, in accordance with Article 72. In
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. Likewise, the Assembly may, in accordance with Article 72,
to the relevant committees the responsibility for permanent approval of
articles of association of organizations, companies, government
or organizations affiliated to the government and or invest the
in the government. In such a case, the government approvals must not be
inconsistent with the principles and commandments of the official
in the country and or the Constitution which question shall be
by the Guardian Council in accordance with what is stated in Article
In addition to this, the government approvals shall not be against the
laws and other general rules of the country and, while calling for
the same shall be brought to the knowledge of the Speaker of the
Consultative Assembly for his study and indication that the approvals
question are not inconsistent with the aforesaid rules.
Article 86. Members of the
Assembly are completely free in expressing their views and casting
votes in the course of performing their duties as representatives, and
they cannot be prosecuted or arrested for opinions expressed in the
or votes cast in the course of performing their duties as
Article 87. The President
must obtain, for the Council of Ministers, after being formed and
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
from the Assembly on important and controversial issues.
Article 88. Whenever at least
one-fourth of the total members of the Islamic Consultative Assembly
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
or the minister is obliged to attend the Assembly and answer the
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
deemed reasonable by the Islamic Consultative Assembly.
Article 89. Members
of the Islamic Consultative Assembly can interpolate the Council of
or an individual minister in instances they deem necessary.
can be tabled if they bear the signatures of at least ten members. The
Council of Ministers or interpolated minister must be present in the
within ten days after the tabling of the interpolation in order to
it and seek a vote of confidence. If the Council of Ministers or the
concerned fails to attend the Assembly, the members who tabled the
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 interpolation is dismissed. In both cases, the ministers subject to
interpolation cannot become members of the next Council of Ministers
immediately afterwards. In the event at least one-third of the members
of the Islamic Consultative Assembly interpolate the President
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 interpolation in
order to give adequate explanations in regard to the matters raised. In
the event, after hearing the statements of the opposing and favoring
and the reply of the President, two-thirds of the members of the
declare a vote of no confidence, the same will be communicated to the
for information and implementation of Section (10) of Article 110 of
Article 90. Whoever has a
complaint concerning the work of the Assembly or the executive power,
the judicial power can forward his complaint in writing to the
The Assembly must investigate his complaint and give a satisfactory
In cases where the complaint relates to the executive or the judiciary,
the Assembly must demand proper investigation in the matter and an
explanation from them, and announce the results within a reasonable
In cases where the subject of the complaint is of public interest, the
reply must be made public.
Article 91. With a view to
safeguard the Islamic ordinances and the Constitution, in order to
the compatibility of the legislation passed by the Islamic Consultative
Assembly with Islam, a council to be known as the Guardian Council is
be constituted with the following composition: six 'adil fuqaha'
conscious of the present needs and the issues of the day, to be
by the Leader, and six jurists, specializing in different areas of law,
to be elected by the Islamic Consultative Assembly from among the
jurists nominated-by the Head of the Judicial Power.
Article 92. Members of the
Guardian Council are elected to serve for a period of six years, but
the first term, after three years have passed, half of the members of
group will be changed by lot and new members will be elected in their
Article 93. 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
members and the election of thee six jurists on the Guardian Council.
Article 94. All legislation
passed by the Islamic Consultative Assembly must be sent to the
Council. The Guardian Council must review it within a maximum of ten
from its receipt with a view to ensuring its compatibility with the
of Islam and the Constitution. If it finds the legislation
it will return it to the Assembly for review. Otherwise the legislation
will be deemed enforceable.
Article 95. In cases where
the Guardian Council deems ten days inadequate for completing the
of review and delivering a definite opinion, it can request the Islamic
Consultative Assembly to grant an extension of the time limit not
Article 96. 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
on the Guardian Council; and the determination of its compatibility
the Constitution rests with the majority of all the members of the
Article 97. In order to expedite
the work, the members of the Guardian Council may attend the Assembly
listen to its debates when a government bill or a members' bill is
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. The authority
of the interpretation of the Constitution is vested with the Guardian
which is to be done with the consent of three-fourths of its members.
Article 99. The Guardian
Council has the responsibility of supervising the elections of the
of Experts for Leadership, the President of the Republic, the Islamic
Assembly, and the direct recourse to popular opinion and referenda.
Article 100. In order to
expedite social, economic, development, public health, cultural, and
programmes and facilitate other affairs relating to public welfare with
the cooperation of the people according to local needs, the
of each village, division, city, municipality, and province will be
by a council to be named the Village, Division, City, Municipality, or
Provincial Council. Members of each of these councils will be elected
the people of the locality in question. Qualifications for the
of electors and candidates for these councils, as well as their
and powers, the mode of election, the jurisdiction of these councils,
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.chanrobles virtualawlibrary
Article 101. In order to
prevent discrimination in the preparation of programmes for the
and welfare of the provinces, to secure the cooperation of the people,
and to arrange for the supervision of coordinated implementation of
programmes, a Supreme Council of, the Provinces will be formed,
of representatives of the Provincial Councils. Law will specify the
in which this council is to be formed and the functions that it is to
Article 102. The Supreme
Council of the Provinces has the right within its jurisdiction, to
bills and to submit them to the Islamic Consultative Assembly, either
or through the government. These bills must be examined by the Assembly.
Article 103. Provincial governors,
city governors, divisional governors, and other officials appointed by
the government must abide by all decisions taken by the councils within
Article 104. In order to
ensure Islamic equity and cooperation in chalking out the programmes
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,
other units of a like nature, similar councils will be formed, composed
of representatives of the members of those units. The mode of the
of these councils and the scope of their 'functions and powers,~are t,o
be specified by law.
Article 105. Decisions taken
by the councils must not be contrary to the criteria of Islam and the
of the country.
Article 106. The councils
may not be dissolved unless they deviate from their legal duties. The
responsible for determining such deviation, as well as the manner for
the councils and re-forming them, will be specified by law. Should a
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
the docket sequence.
The Leader or
Article 107. After the
of the eminent marji' al-taqlid and great leader of the universal
revolution, and founder of the Islamic Republic of Iran, Ayatullah
Imam Khumayni - quddisa sirruh al-sharif - who was recognized and
as marji' and Leader by a decisive majority of the people, the task of
appointing the Leader shall be vested with the experts elected by the
The experts will review and consult among themselves concerning all the
fuqaha' possessing the qualifications specified in Articles 5 and 109.
In the event they find one of them better versed in Islamic
the subjects of the fiqh, or in political and social Issues, or
general popularity or special prominence for any of the qualifications
mentioned in Article 109, they shall elect him as the Leader.
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
shall assume all the powers of the wilayat al-amr and all the
arising therefrom. The Leader is equal with the rest of the people of
country in the eyes of law.chanrobles virtualawlibrary
Article 108. The law setting
out the number and qualifications of the experts (mentioned in, the
article), the mode of their election, and the code of procedure
the sessions during the first term must be drawn up by the fuqaha' on
first Guardian Council, passed by a majority of votes and then finally
approved by the Leader of the Revolution. The power to make any
change or a review of this law, or approval of all the provisions
the duties of the experts is vested in themselves.
Article 109. Following are
the essential qualifications and conditions for the Leader:
as required for performing the functions of mufti in different fields
fiqh. Justice and piety, as required for the leadership of the Islamic
Ummah. right political and social perspicacity, prudence, courage,
facilities and adequate capability for leadership. In case of
of persons fulfilling the above qualifications and conditions, the
possessing the better jurisprudential and political perspicacity will
Article 110. Following are
the duties and powers of the Leadership: Delineation of the general
of the Islamic Republic of Iran after consultation with the Nation's
Council. Supervision over the proper execution of the general policies
of the system. Issuing decrees for national referenda. Assuming supreme
command of the armed forces. Declaration of war and peace, and the
of the armed forces. Appointment, dismissal, and acceptance of
of: the fuqaha' on the Guardian Council. the supreme judicial authority
of the country. the head of the radio and television network of the
Republic of Iran. the chief of the joint staff. the chief commander of
the Islamic Revolution Guards Corps. the supreme commanders of the
Resolving differences between
the three wings of the armed forces and regulation of their relations.
Resolving the problems, which cannot be solved by conventional methods,
through the Nation's Exigency Council. Signing the decree formalizing
election of the President of the Republic by the people. The
of candidates for the Presidency of the Republic, with respect to the
specified in the Constitution, must be confirmed before elections take
place by the Guardian Council;, and, in the case of the first term [of
the Presidency], by the Leadership; Dismissal of the' President of the
Republic, with due regard for the interests of the country, after the
Court holds him guilty of the violation of his constitutional duties,
after a vote of the Islamic Consultative Assembly testifying to his
on the basis of Article 89 of the Constitution. Pardoning or reducing
sentences of convicts, within the framework of Islamic criteria, on a
[to that effect] from the Head of judicial power. The Leader may
part of his duties and powers to another person.
Article 111. Whenever the
Leader becomes incapable of fulfilling his constitutional duties, or
one of the qualifications mentioned in Articles 5 and 109, or it
known that he did not possess some of the qualifications initially, he
will be dismissed. The authority of determination in this matter is
with the experts specified in Article 108. In the event of the death,
resignation or dismissal of the Leader, the experts shall take steps
the shortest possible time for the appointment of the new Leader. Till
the appointment of the new Leader, a council consisting of the
head of the judicial power, and a faqih from the Guardian Council, upon
the decision of the Nation's Exigency Council, shall temporarily take
all the duties of the Leader. In the event, during this period, any one
of them is unable to fulfil his duties for whatsoever reason, another
upon the decision of majority of fuqaha' in the Nation's Exigency
shall be elected in his place. This council shall take action in
of items 1,3,5, and 10, and sections d,e and f of item 6 of Article
upon the decision of three-fourths of the members of the Nation's
Council. Whenever the Leader becomes temporarily unable to perform the
duties of leadership owing to his illness or any other incident, then
this period, the council mentioned in this Article shall assume his
Article 112. 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
to be against the principles of Shariah or the Constitution, and the
is 'unable to meet the expectations of the Guardian Council. Also, the
Council shall meet for consideration on any issue forwarded to it by
Leader and shall carry out any other responsibility as mentioned in
Constitution. The permanent and changeable members of the Council shall
be appointed by the Leader. The rules for the Council shall be
and approved by the Council members subject to the confirmation by the
The Executive Power
Article 113. After the
of Leadership, the President is the highest official in the country.
is the responsibility for implementing the Constitution and acting as
head of the executive, except in matters directly concerned with (the
of) the Leadership.chanrobles virtualawlibrary
Article 114. The President
is elected for a four-year term by the direct vote of the people. His
for a successive term is permissible only once.
Article 115. The President
must be elected from among religious and political personalities
the following qualifications: Iranian origin; Iranian nationality;
capacity and resourcefulness; a good past-record; trustworthiness and
convinced belief in the fundamental principles of the Islamic Republic
of Iran and the official madhhab of the country.
Article 116. Candidates nominated
for the post of President must declare their candidature officially.
lays down the manner in which the President is to be elected.
Article 117. The President
is elected by an absolute majority of votes polled by the voters. But
none of the candidates is able to win such a majority In the first
voting will take place a second time on Friday of the following week.
the second round only the two candidates who received greatest number
votes in the first round will participate. If, however, some of the
securing greatest votes in the first round withdraw from the elections,
the final choice will be between the two candidates who won greater
of votes than all the remaining candidates.
Article 118. Responsibility
for the supervision of the election, of the President lies with the
Council, as stipulated in Article 99. But before the establishment of
first Guardian Council, however, it lies with a supervisory body to be
constituted by law.
Article 119. The election
of a new President must take place no later than one month before the
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
the outgoing President will perform the duties of the, President.
Article 120. In case any
of the candidates whose suitability is established in terms of the
listed above should die within ten days before polling day, the
will be postponed for two weeks. If one of the candidates securing
number of votes dies in the intervening period between the first and
rounds of voting, the period for holding (the second round of) the
will be extended for two weeks.
Article 121. The President
must take the following oath and affix his signature to it at a session
of the Islamic Consultative Assembly in the presence of the head of the
judicial power and the members of the Guardian Council:chanroblesvirtuallawlibrary
In, the Name of God,
the Compassionate, the Merciful, I, as President, swear, in the
of the Noble Qur'an and the people of Iran, by God, the Exalted and
that I will guard the official religion of the country, the order of
Islamic Republic and the Constitution of the country; that I will
all my capacities and abilities to the fulfillment of the
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
and the support of truth and justice, refraining from every kind of
behavior; that I will protect the freedom and dignity of all citizens
the rights that the Constitution has accorded the people; that in
the frontiers and the political, economic, and cultural independence of
the country I will not shirk any necessary measure; that, seeking help
from God and following the Prophet of Islam and the infallible Imams
be upon them), I will guard, as a pious and selfless trustee, the
vested in me by the people as a sacred trust, and transfer it to
the people may elect after me.
Article 122. The President,
within the limits of his powers and duties, which he has by virtue of
Constitution or other laws, is responsible to the people, the Leader
the Islamic Consultative Assembly.chanrobles virtualawlibrary
Article 123. The President
is obliged to sign legislation approved by the Assembly or the result
a referendum, after the (related) legal procedures have been completed
and it has been communicated to him. After signing, he must forward it
to the responsible authorities for implementation.
Article 124. The President
may have deputies for the performance of his constitutional duties.
the approval of the President, the first deputy of the President shall
be vested with the responsibilities of administering the affairs of the
Council of Ministers and coordination of functions of other deputies.
Article 125. The President
or his legal representative has the authority to sign treaties,
contracts, and agreements concluded by the Iranian government with
governments, as well as agreements pertaining to international
after obtaining the approval of the Islamic Consultative Assembly.
Article 126. The President
is responsible for national planning and budget and state employment
and may entrust the administration of these to others.
Article 127. In special circumstances,
subject to approval of the Council of Ministers the President may
one or more special representatives with specific powers. In such
the decisions of his representative(s) will be considered as tee same
those of the President and the Council of Ministers.
Article 128. The ambassadors
shall be appointed upon the recommendation of the foreign minister and
approval of the President. The President signs the credentials of
and receives the credentials presented by the ambassadors of the
Article 129. The award of
state decorations is a prerogative of the President.
Article 130. The President
shall submit his resignation to the Leader and shall continue
his duties until his resignation is not accepted.
Article 131. In case of death,
dismissal, resignation, absence, or illness lasting longer than two
of the President, or when his term in office has ended and a new
has not been elected due to some impediments, or similar other
his first deputy shall assume, with the approval of the Leader, the
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
to be elected within a maximum period of fifty days. In case of death
the first deputy to the President, or other matters which prevent him
perform his duties, or when the President does not have a first deputy,
the Leader shall appoint another person in his place.
Article 132. During the period
when the powers and responsibilities of the President are assigned to
first deputy or the other person in accordance with Article 131,
can the ministers be interpolated nor can a vote of no-confidence be
against them. Also,neither can any step be undertaken for a review of
Constitution, nor a national referendum be held.
The President and
Article 133. Ministers
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
will not be necessary. The number of ministers and the jurisdiction of
each will be determined by law.chanrobles virtualawlibrary
Article 134. The President
is the head of the Council of Ministers. He supervises the work of the
ministers and takes all necessary measures to coordinate the decisions
of the government. With the cooperation of the ministers, he determines
the programme and policies of the government and implements the laws.
the case of discrepancies, or interferences in the constitutional
of the government agencies, the decision of the Council of Ministers at
the request of the President shall be binding provided it does not call
for an interpretation of or modification in the laws. The President is
responsible to the Assembly for the actions of the Council of Ministers.
Article 135. The ministers
shall continue in office unless they are dismissed, or given a vote of
no-confidence by the Assembly as a result of their interpolation, or a
motion for a vote of no-confidence against them. The resignation of the
Council of Ministers, or that of each of them shall be submitted to the
President, and the Council of Ministers shall continue to function
such time as the new government is appointed. The President can appoint
a caretaker for a maximum period of three months for the ministries
Article 136. The President
can dismiss the ministers and in such a case he must obtain a vote of
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
its vote of confidence from the Assembly, the government must seek a
vote of confidence from the Assembly.
Article 137. Each of the
ministers is responsible for his duties to the President and the
but in meters approved by the Council of Ministers as a whole, he is
responsible for the actions of the others.
Article 138. In addition
to instances in which the Council of Ministers or a single minister is
authorized to frame procedures for the implementation of laws, the
of Ministers has the right to lay down rules, regulations, and
for performing its administrative duties, ensuring the implementation
laws, and setting up administrative bodies. Each of the ministers also
has the right to frame regulations and issue circular in matters within
his jurisdiction and in conformity with the decisions of the Council of
Ministers. However, the content of all such regulations must not
the letter or the spirit of the law. The government can entrust any
of its task to the commissions composed of some ministers. The
of such commissions within the rules will be binding after the
of the President. The ratification and the regulations of the
and the decisions of the commissions mentioned under this Article shall
also be brought to the notice of the Speaker of the Islamic
Assembly while being communicated for implementation so that in the
he finds them contrary to law, he may send the same stating the reason
for reconsideration by the Council of Ministers.
Article 139. The settlement,
of claims relating to public and state property or the referral thereof
to arbitration is in every case dependent on the approval of the
of Ministers, and the Assembly must be informed of these matters. In
where one party to the dispute is a foreigner, as well as in important
cases that are purely domestic, the approval of the Assembly must also
be obtained. Law will specify the important cases intended here.
Article 140. Allegations
of common crimes against the President, his deputies, and the ministers
will be investigated in common courts of justice with the' knowledge of
the Islamic Consultative Assembly.
Article 141. The President,
the deputies to the President, ministers, and government employees
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
of attorney or legal adviser, or to hold the post of president,
director, or membership of the board of directors of any kind of
company, with the exception of cooperative companies affiliated to the
government departments and institutions. Teaching positions in
and research institutions are exempted from this rule.
Article 142. The assets of
the Leader, the President, the deputies to the President, and
as well as those of their spouses and offspring, are to be examined
and after their term of office by the head of the judicial power, in
to ensure they have not increased in a fashion contrary to law.
The Army and the
Revolution Guards Corps
Article 143. The Army of
the Islamic Republic of Iran is responsible for guarding the
and territorial integrity of the country, as well as the order of the
Article 144. The Army of
the Islamic Republic of Iran must be an Islamic Army, i.e.,
to Islamic ideology and the people, and must recruit into its service
who have faith in the objectives of the Islamic Revolution and are
to the cause of realizing its goals.
Article 145. No foreigner
will be accepted into the Army or security forces of the country.
Article 146. The establishment
of any kind of foreign military base in Iran, even for peaceful
Article 147. In time of peace,
the government must utilize the personnel and technical equipment of
Army in relief operations, and for educational and productive ends, and
the Construction Jihad, while fully observing the criteria of Islamic
and ensuring that such utilization does not harm the combat-readiness
Article 148. All forms of
personal use of military vehicles, equipment, and other means, as well
as taking advantage of Army personnel as personal servants and
or in similar capacities, are forbidden.
Article 149. Promotions in
military rank and their withdrawal take place in accordance with the
Article 150. The Islamic
Revolution Guards Corps, organized in the early days of the triumph of
the Revolution, is to be maintained so that it may continue in its role
of guarding the Revolution and its achievements. The scope of the
of this Corps, and its areas of responsibility, in relation to the
and areas of responsibility of the other armed forces, are to be
by law, with emphasis on brotherly cooperation and harmony among them.
Article 151. In accordance
with the noble Qur'anic verse:chanroblesvirtuallawlibrary
(Prepare against them
whatever force you are able to muster, and horses ready for battle,
fear into God's enemy and your enemy, and others beyond them unknown to
you but known to God. [8:60]).
the government is oblige to
provide a programme of military training, with all requisite
fob all its citizens, in accordance with the Islamic criteria, in such
a way that all citizens will always be able to engage in the armed
of the Islamic Republic of Iran. The possession of arms, however,
the granting of permission by the competent authorities.
Article 152. The foreign
policy of the Islamic Republic of Iran is based upon the rejection of
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,
with respect to the hegemonist superpowers, and the maintenance of
peaceful relations with all non-belligerent States.chanrobles virtualawlibrary
Article 153. Any form of
agreement resulting in foreign control over the natural resources,
army, or culture of the country, as well as other aspects of the
life, is forbidden.
Article 154. The Islamic
Republic of Iran has as its ideal human felicity throughout human
and considers the attainment of independence, freedom, and rule of
and truth to be the right of all people of the world. Accordingly,
scrupulously refraining from all forms of interference in the internal
affairs of other nations, it supports the just struggles of the
against the mustakbirun in every corner of the globe.
Article 155. The government
of the Islamic Republic of Iran may grant political asylum to those who
seek it unless they are regarded as traitors and saboteurs according to
the laws of Iran.
Article 156. The judiciary
is an independent power, the protector of the rights of the individual
and society, responsible for the implementation of justice, and
with the following duties: investigating and passing judgement on
violations of rights, and complaints; the resolving of litigation; the
settling of disputes; and the taking of all necessary decisions and
in probate matters as the law may determine; restoring public rights
promoting justice and legitimate freedoms; supervising the proper
of laws; uncovering crimes; prosecuting, punishing, and chastising
and enacting the penalties and provisions of the Islamic penal code;
suitable measures to prevent the occurrence of crime and to reform
Article 157. In order to
fulfil the responsibilities of the judiciary power in all the matters
judiciary, administrative and executive areas, the Leader shall appoint
a just Mujtahid well versed in judiciary affairs and possessing
and administrative abilities as the head of the judiciary power for a
of five years who shall be the highest judicial authority.
Article 158. The head of
the judiciary branch is responsible for the following:chanroblesvirtuallawlibrary
Establishment of the organizational
structure necessary for the administration of justice commensurate with
the responsibilities mentioned under Article 156.
Drafting judiciary bills
appropriate for the Islamic Republic. \item Employment of just and
judges, their dismissal, appointment, transfer, assignment to
duties, promotions, and carrying out similar administrative duties, in
accordance with the law.
Article 159. The courts of
justice are the official bodies to which all grievances and complaints
are to be referred. The formation of courts and their jurisdiction is
be determined by law.
Article 160. The Minister
of Justice owes responsibility in all matters concerning the
between the judiciary, on the one hand, and the executive and
branches, on the other hand. He will be elected from among the
proposed to the President by the head of the judiciary branch. The head
of the judiciary may delegate full authority to the Minister of Justice
in financial and administrative areas and for employment of personnel
than judges in which case the Minister of Justice shall have the same
and responsibility as those possessed by the other ministers in their
as the highest ranking government executives.
Article 161. The Supreme
Court is to be formed for the purpose of supervising the correct
of the laws by the courts, ensuring uniformity of judicial procedure,
fulfilling any other responsibilities assigned to it by law, on the
of regulations to be established by the head of the judicial branch.
Article 162. The chief of
the Supreme Court and the Prosecutor-General must both be just
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
judges of the Supreme Court.
Article 163. The conditions
and qualifications to be fulfilled by a judge will be determined by
in accordance with the criteria of fiqh.
Article 164. A judge cannot
be removed, whether temporarily or permanently, from the post he
except by trial and proof of his guilt, or in consequence of a
entailing his dismissal. A judge cannot be transferred or redesignated
without his consent, except in cases when the interest of society
it, that too, with the decision of the head of the judiciary branch
consultation with the chief of the Supreme Court and the Prosecutor
The periodic transfer and rotation of judges will be in accordance with
general regulations to be laid down by law.
Article 165. Trials are to
be held openly and members of the public may attend without any
unless the court determines that an open trial would be detrimental to
public morality or discipline, or if in case of private disputes, both
the parties request not to hold open hearing.
Article 166. The verdicts
of courts must be well reasoned out and documented with reference to
articles and principles of the law in accordance with which they are
Article 167. The judge is
bound to endeavor to judge each case on the basis of the codified law.
In case of the absence of any such law, he has to deliver his 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 offenses will be tried openly and in the presence of a jury, in
of justice. The manner of the selection of the jury, its powers, and
definition of political offenses, will be determined by law in
with the Islamic criteria.
Article 169. No act or omission
may be regarded as a crime with retrospective effect on the basis of a
law framed subsequently.
Article 170. Judges of courts
are obliged to refrain from executing statutes and regulations of the
that are in conflict with the laws or the norms of Islam, or lie
the competence of,the executive power. Everyone has the right to demand
the annulment of any such regulation from the Court of Administrative
Article 171. Whenever an
individual suffers moral or material loss as the result of a default or
error of the judge with respect to the subject matter of a case or the
verdict delivered, or the application of a rule in a particular case,
defaulting judge must stand surety for the reparation of that loss in
with the Islamic criteria, if it be a case of default. Otherwise,
will be compensated for by the State. In all such cases, the repute and
good standing of the accused will be restored.
Article 172. Military courts
will be established by law to investigate crimes committed in
with military or security duties by members of the Army, the
the police, and the Islamic Revolution Guards Corps. They will be tried
in public courts, however, for common crimes or crimes committed while
serving the department of justice in executive capacity. The office of
military prosecutor and the military courts form part of the judiciary
and are subject to the same principles that regulate the judiciary.
Article 173. In order to
investigate the complaints, grievances, and objections of the people
respect to government officials, organs, and statutes, a court will be
established to be known as the Court of Administrative Justice under
supervision of the head of the judiciary branch. The jurisdiction,
and mode of operation of this court will be laid down by law.
Article 174. In accordance
with the right of the judiciary to supervise the proper conduct of
and the correct implementation of laws by the administrative organs of
the government, an organization will be constituted under the
of the head of the judiciary branch to be known as the National General
Inspectorate. The powers and duties of this organization will be
Article 175. The freedom
of expression and dissemination of thoughts in the Radio and Television
of the Islamic Republic of Iran must be guaranteed in keeping with the
Islamic' criteria and the best interests of the country. The
and dismissal of the head of the Radio and Television of the Islamic
of Iran rests with the Leader. A council consisting of two
each of the President, the head of the judiciary branch and the Islamic
Consultative Assembly shall supervise the functioning of this
The policies and the manner of managing the organization and its
will be determined by law.
Article 176. In order to
safeguarding the national interests and preserving the Islamic
the territorial integrity and national sovereignty, a Supreme Council
National Security presided over by the President shall be constituted
fulfil the following responsibilities:chanroblesvirtuallawlibrary
Determining the defence and
national security policies within the framework of general policies
by the Leader. \item Coordination of activities in the areas relating
politics, intelligence, social, cultural and economic fields in regard
to general defence and security policies.
Exploitation of materialistic
and intellectual resources of the country for facing the internal and
The Council shall consist
of: heads of three branches of the government, chief of the Supreme
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
the Islamic Revolution's Guards Corps. Commensurate with its duties,
Supreme Council for National Security shall form sub-councils such as
Sub-council and National Security Sub-council. Each Sub-council will be
presided over by the President or a member of the Supreme Council for
Security appointed by the President. The scope of authority and
of the Sub-councils will be determined by law and their organizational
structure will be approved by the Supreme Council for National Defence.
The decisions of the Supreme Council for National Security shall be
after the confirmation by the Leader.
The Revision of
Article 177. 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
an edict to the President after consultation with the Nation's Exigency
Council stipulating the amendments or additions to be made by the
for Revision of the Constitution which consists of:chanroblesvirtuallawlibrary
Members of the Guardian Council.
Heads of the three branches
of the government.
Permanent members of the
Nation's Exigency Council.
Five members from among the
Assembly of Experts.
Ten representatives selected
by the Leader.
Three representatives from
the Council of Ministers.
Three representatives from
the judiciary branch.
Ten representatives from
among the members of the Islamic Consultative Assembly.
Three representatives from
among the university professors.
The method of working, manner
of selection and the terms and conditions of the Council shall be
by law. The decisions of the Council, after the confirmation and
of the Leader, shall be valid if approved by an absolute majority vote
in a national referendum. The provisions of Article 59 of the
shall not apply to the referendum for the, "Revision of the
The contents of the Articles of the Constitution related to the Islamic
character of the political system; the basis of all the rules and
according to Islamic criteria; the religious footing; the objectives of
the Islamic Republic of Iran; the democratic character of the
the wilayat al-'mr the Imamate of Ummah; and the administration of the
affairs of the country based on national referenda, official religion
Iran [Islam] and the school [Twelver Ja'fari] are unalterable.