Constitution of Iran

For the previous constitution, see Persian Constitution of 1906.

Constitution of the Islamic Republic of Iran
Overview
Jurisdiction	Islamic Republic of Iran
Created	24 October 1979
Ratified	3 December 1979
Date effective	3 December 1979
Government structure
Branches	3
Head of state	Supreme Leader
Chambers	Islamic Consultative Assembly Guardian Council
Executive	President-led Government Prime Minister (until 1989)
Judiciary	Judicial system of the Islamic Republic of Iran Supreme Court of Iran
History
First legislature	14 March 1980
First executive	5 February 1980
Amendments	1
Last amended	28 July 1989
Location	Tehran
Author(s)	Assembly of Experts for Constitution
Signatories	Constitutional referendum by the citizens of Iran
Supersedes	Persian Constitution of 1906

The Constitution of the Islamic Republic of Iran (Persian: قانون اساسی جمهوری اسلامی ایران, Qanun-e Asasi-ye Jomhuri-ye Eslâmi-ye Iran) is the supreme law of Iran. It was adopted by referendum on 2 and 3 December 1979, and went into force replacing the Constitution of 1906. It has been amended once, on 28 July 1989. The constitution was originally made up of 175 articles in 12 chapters, but amended in 1989 to 177 articles in 14 chapters.

It has been called a hybrid regime of theocratic and democratic elements. Articles One and Two vest sovereignty in God, and Article Six "mandates popular elections for the presidency and the Majlis, or parliament." Main democratic procedures and rights are subordinate to the Guardian Council and the Supreme Leader, whose powers are spelled out in Chapter Eight (Articles 107–112).

History

Main article: Assembly of Experts for Constitution

See also: Iranian Constitution of 1906

Over the course of the year 1978 Iran was subject to worsening cycles of "provocation, repression, and polarization" in political unrest. It became more and more clear that the Pahlavi regime was likely to fall and that the leader of the revolution taking his regime down was Ayatollah Ruhollah Khomeini. Work began on a constitution for the new Islamic state that would follow the revolution. A preliminary draft was (according to Asghar Schirazi) begun in Paris by one Hassan Habibi while Khomeini was still in exile there. It was structured like the 1958 constitution of the French Fifth Republic with separation of powers among the executive, judicial and parliamentary branches. An outline was presented to Khomeini in January 1979 and he brought it with him when he returned to Iran. After being reworked by two different commissions, it was published on 14 June 1979 by the provisional government of Mehdi Bazargan as the official preliminary draft of the constitution.

The preliminary draft differed from the final version of the constitution in a number of ways. It made no reference to velayat-e faqih, and did not "reserve any special posts for Islamic jurists" except on the guardian council where they made up a minority and were to be approved by the parliament from a list drawn up by the "highest religious authorities".

Despite this, Khomeini made "only two small changes (in part to bar women from the presidency and judgeships)", in the draft, and publicly stated his approval of the draft "on more than one occasion", declaring at one point that it "must be approved quickly". The Council of the Islamic Revolution approved of it unanimously after examination and "declared it to be the official preliminary draft of the Revolutionary Council".

What happened next is disputed. The revolutionaries' original plan was to have a Constituent Assembly of hundreds of people write the new constitution, but with this broad support for the preliminary draft, there now seemed to be a consensus in favor of a much more streamlined completion. An "Assembly of Experts" of only a few dozen members would go over the text and "present it for final ratification in a national referendum".

But Baqer Moin writes of contradictions in statements by Khomeini and questions about the election of the Experts. At the same time Ayatollah was publicly declaring the draft to be `correct`, he "had already started to denounce the supporters of a `Democratic Islamic Republic,` whose ideas were enshrined in the draft", and who included the man he had appointed president, Bazargan, as `enemies of Islam.` Also dismaying Bazargan and his colleagues, was the decision by the clerical members of the Revolutionary Council, without consulting them, to have the constitution finalized by a much smaller body—an `Assembly of Experts` with 70 members, which alarmed them because with much larger constituencies and fewer candidates "it would be easier to rig the elections". If Khomeini's network succeeded in doing so, "the likelihood of dissenting voices in the Assembly could be reduced to almost nothing".

During a joint summit between the members of the provisional government and the Superieur Council of Revolution with the presence of Khomeini in Qom, it was decided that an Assembly for the Final Review of the Constitution was to be established for a final evaluation of the constitution of Iran.

Assembly of Experts

The assembly members were voted on in the summer of 1979. Out of the "72 delegates whose election was officially recognized, 55 were clerics", almost all of them following "the line of the Imam", i.e. Khomeini loyalists. (Other delegates were from different minorities of religions, scientists, Athletes.)

Schirazi writes that Khomeini then announced that the job of "determining whether or not" the constitution was "in conformity with Islamic requirements" was "exclusively reserved for revered jurists", to the surprise of those outside his network. Also at odds with previous statements was that instead of quickly approving the draft, the Assembly for the Final Review of the Constitution (dominated by Khomeini supporters) rewrote it, adding a Guardian Jurist (wali-e faqih) leader with powers over other branches of government, and significantly increasing the power of the Council of Guardians. (The offices of the President and the Prime Minister were retained for the executive branch of government from the French model.)

A different version of events comes from Shaul Bakhash, who writes that Khomeini and his supporters accepted the preliminary draft but were provoked by an "opposition determined to establish a secular state". A secularist group calling itself a "Seminar on the People's Expectations from the Constitution", called for changes in the draft: "a ceremonial president, supremacy of parliament, independent judiciary, individual rights, and equal rights for women, proposed making the universal declaration of Human Rights part of the constitution, more decentralization, and `democratization` of the army". This led "Khomeini to spur the Islamic groups to counterattack', telling his supporters that the determination of whether articles of the constitution meet Islamic criteria `lies within the exclusive jurisdiction of the leading Islamic jurists,` and non-jurists should not get involved. "It quickly became clear to Khomeini and his lieutenants that there existed considerable support and no mass opposition to the doctrine and that the constitution could serve to institutionalize both the supremacy of the faqih and clerical rule." The idea that Khomeini "should be entrusted with supreme authority under the constitution" was brought up by provincial clerics in the Assembly and was quickly embraced by the Assembly.

The assembly worked for sixty-seven sessions and in four rounds. The first round was considered with a preliminary evaluating of principles. The second round considered with providing principles in groups. The third round dealt with approbation of principles and the fourth round with investigation of all collection of principles.

According to a legal bill of council of revolution, the draft was put to a vote through a referendum, with voters given the option of voting yes or no. On 2–3 December 1979 Iranians voted, and the official result was over 99% in favor. (The vote was boycotted by some secular, leftist and Kurdish groups; and total of 15,578,956 votes was almost 5 million less than the earlier referendum for an Islamic Republic.)

1989 Amendments

Main article: 1989 Iranian constitutional referendum

On 24 April 1989, Ayatollah Khomeini issued a decree convening an Assembly for Revising the Constitution. It made several changes in the constitution, in Articles 5, 107, 109, 111, eliminating the need for the Supreme Leader to be a Marja' chosen by popular acclaim. It made permanent the Expediency Discernment Council to work out disagreements between the Parliament and Council of Guardians, and eliminated the post of Prime Minister. The amendment concerning qualifications for the Supreme Leader is thought to have been introduced and approved because no marja' had given strong support for Khomeini's policies. The amendments were approved by the voting public on 28 July 1989 (in same election as Akbar Hashemi Rafsanjani was elected to the first of two terms as President of Iran).

Islamic principles

Velayat-e Faqih

While liberal and leftist values are present in the constitution, the overriding both are "the values, principles and institutions of an ideal Islamic society", The Ayatollah Khomeini's concept of Velayat-e Faqih, i.e. Guardianship or rule of the Islamic Jurist, is enshrined in several places in the constitution. One example is the section "Method of Governance in Islam" in the preamble, where it is stated

in creating the political infrastructures and institutions which make the foundation of society on the basis of an ideological outlook, the righteous assume the responsibility of governing and administering the country with the Qur’anic verse (verily, my righteous servants shall inherit the earth Q.21:105)

In case the term ‘righteous’ is ambiguous, a later section of the Preamble (Guardianship of the Jurist) states

On the basis of continuous Guardianship and Leadership (Imamate) the Constitution provides for leadership under all conditions, (by a person) recognized by the people as lender, so that there shall be security against deviation by various organizations ("The course of affairs is in the hands of those who know God and who are trustworthy in matters having to do with what he permits and forbids")

Article 109, stipulates that the Leader must possess the "scholarship, as required for performing the functions of mufti in different fields of fiqh", i.e. only a high level cleric of Islamic law may be the Leader. Article 113 states the Leader is the highest public official in Islamic Republic of Iran. The Head of Judiciary, who has considerable power (Establishing the organizational structure of the Judiciary, Drafting judiciary bills for parliament, hiring, dismissing, transferring judges) must be an Islamic legal cleric (mujtahid); as must be the President of the Supreme Court, the Attorney General (Article 162), and six out of the twelve members of the Guardian Council who are appointed by the Leader (Article 91) and have the power to veto legislation from the parliament that they believe does not conform to sharia (Article 96).

Sharia

Hassan Vakilian cites Article 4:

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…

as evidence "Sharia laws and principles" ("Islamic criteria" in the article above) "must be considered as a main source of the legal order" in the constitution. Sharia is referred to numerous times in the constitution but often by another terms (as it is above):

• In the Preamble: "Islamic principles", "Islamic rules", "Islamic standards", "Islamic program", "Rules of Islamic codes", "Islamic ordinances and regulations";
• In articles 110, 147, 151, 167, 171, 175 and 177 "Islamic criteria".
• Other terms used are "Islamic law" (Article 45), "Islamic ordinances" (Article 91), "Islamic regulations" (Article 107), "Norms and principles of Islamic justice" (Article 14), "Principles and commandments of official religion" (Article 85), "Principles of Sharia" (Article 112), "Criteria of Fiqh" (Article 163), "Islamic sources and authentic fatwa" (Article 167).

Preamble

The preamble or introduction of the constitution touches on (its version of) events leading up to the revolution and on key features of the new Islamic regime:

How the "anti-despotic movement for constitutional government [1906–1911], and anti-colonialist movement for the nationalization of petroleum" in the 1950s failed "due to departure from genuine Islamic positions"; a matter rectified by the "authentically Islamic and ideological line" under the leadership pursued under the leadership of Grand Ayatollah Khomeini.

How the movement dawned in June 1963 with "the devastating protest by Imam Khomeini against the American conspiracy known as the 'White Revolution'".
The plan of Islamic government set forth by Imam Khomeini known as "governance of the faqih".
The fury of the Iranian people at a January 7, 1978 newspaper article insulting Imam Khomeini.
The "watering" of the "sapling" of the revolution "by the blood of 60,000 martyrs".
How 98.2% of voters approved of Iran becoming an Islamic Republic.

Our nation "intends to establish the ideal and model society" with the final goal of "movement toward God".
Governance by the "just faqih" will prevent deviation of the government from essential Islamic duties.
The economy in Islam will be "a means not an end", providing work, "suitable opportunities", "essential needs".
The family is "the fundamental unit of society" within which women will recover their "precious function of motherhood".
The Army and Islamic Revolutionary Guard Corps are responsible not only for guarding the country but for "fulfilling the ideological mission of jihad in God's path".
The judicial system will be based on Islamic justice. The executive branch will implement "the laws and ordinances of Islam".
"Mass communications media" will diffuse Islamic culture and refrain from anti-Islamic "qualities".

The "central axis" of the theocracy shall be Quran and hadith, and as framed by the Assembly of Experts for Constitution, who hope that "this century will witness the establishment of a universal holy government and the downfall of all others." (See also: Mahdi and Mohammed al-Mahdi)

Chapter I [Article 1 to 14]: General principles

Some of the more important articles of the constitution are described below:

Article 1 (Form of government)

The form of Government in Iran is that of an Islamic Republic following the Islamic revolution led by Grand Ayatollah Khomeini, affirmed by the referendum of Farvardin 9 and 10.

Article 2 (Foundation)

The Islamic Republic is a system based on the belief in:

1. One God (as stated in the phrase "There is no god except Allah"), who has exclusive sovereignty and right to legislate, and whose commands must be submitted to;
2. the fundamental role of divine revelation in setting forth the laws;
3. the return to Allah after death and resurrection, and the constructive role of this belief has in the course of man's ascent toward Allah;
4. the justice of Allah 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:

1. continuous Ijtihad of Islamic jurists possessing necessary qualifications, exercised on the basis of the Quran and the Sunnah of the prophet Muhammad;
2. sciences and arts and the most advanced results of human experience, together with the effort to advance them further;
3. 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)

The duty of the Islamic Republic is to direct all of its resources to a number of goals.

1. Support of faith and piety and struggle against vice and corruption
2. Raising of public awareness through the proper use of the mass media and press
3. Free education
4. Free physical training
5. Strengthening advanced scientific research
6. The elimination of imperialism and foreign influence
7. The elimination of despotism, autocracy and monopoly
8. Ensure social and political freedoms within the law
9. The end to all forms of undesirable discrimination
10. The elimination of unnecessary governmental organizations
11. Universal military training

These goals were designed to emphasize positive liberty.

Some of the goals are put in context of the requirements of Islam. For example:

1. The planning of a correct and just economic system
2. The expansion of Islamic brotherhood among all peoples
3. The creation of the government's foreign policy

Article 4 (Islamic Principle)

All laws and regulations "absolutely and generally" must be based on Islamic criteria. Enforcing this will be the Islamic jurists (fuqaha') and the Council of Guardians.

Constitution compared to traditional Islam

Olivier Roy points out that traditionally sharia was the "sole foundation for the judicial norm", not constitutions which were secular. Khomeini himself specifically affirmed the preeminence of the Islamic state over sharia in January 1989 when he publicly dressed down the future Supreme Leader Ali Khamanei, pronouncing the opposite.

On key questions Iranian law remains fairly un-Islamic. The constitution grants equal rights among men and women (article 20). The discretionary law of repudiation was not recognized for men. There is no legal discrimination on the basis of personal status against Christians, Jews, Zoroastrians, all of whom perform military service, pay no special taxes and hold full citizenship; nevertheless they are prohibited from assuming leadership posts and vote in separate colleges. Similarly, a Muslim foreigner has the same status as a Christian foreigner. In short Iranian citizenship is not an Islamic notion. Finally, Iran has kept the solar calendar and celebrates the new year on March 21.

Article 5 (Religious leader's office)

During the occultation of the Twelfth Imam, the Ummah (Islamic community) must be led by a just and pious, courageous, resourceful faqih (Islamic jurist) knowledgeable about affairs of the day, in accordance with Article 107.

Article 12 (Official religion)

"The official religion of Iran is Islam"—specifically of the Twelver Shi'ism in Usul al-Dîn and of the Ja'farî school in fiqh, -- "and this principle will remain eternally immutable."

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)

"The government ... and all Muslims are duty-bound to treat non-Muslims" with "Islamic justice and equity", provided those non-Muslims "refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran".

Chapter II [Article 15 to 18]: Language, script, calendar and flag

Article 15 (Official language)

The "Official language and writing script (of Iran)... is Persian. In addition "regional and tribal languages" are allowed "in the press and mass media, as well as for teaching of their literature in schools"

Article 16 (Arabic education)

"Since the language of the Qur'an and Islamic texts ... is Arabic", Arabic "must be taught ... in school from elementary grades until the end of high school."

Article 17 (Official calendar)

The official calendar of Iran is the Solar Hijri calendar, which combines a year zero from the Islamic Hijri calendar, and organization of months according to the Iranian solar calendar. "The official weekly holiday is Friday. Both the solar and lunar Islamic calendars are recognized".

Article 18 (Official flag)

The official flag of Iran is composed of green, white and red colours with the special emblem of the Islamic Republic, together with the motto (Allahu Akbar).

Chapter III [Article 19 to 42]: Rights

Article 20 (Women's rights)

Women will enjoy equal legal, "human, political, economic, social, and cultural rights", when "in conformity with Islamic criteria".

Article 22 (Individual rights)

"The dignity, life, property, rights," etc. "of the individual are inviolate", "except in cases sanctioned by law".

Article 23 (Individual beliefs)

The Iranian constitution holds that “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 (Publications and the press)

"Publications and the press are free to discuss issues" unless it is "deemed harmful to the principles of Islam or the rights of the public."

Article 27 (Freedom of assembly)

Assembly is allowed, "provided arms are not carried" and the assemblies "are not detrimental to the fundamental principles of Islam".

Article 37 (Presumption of innocence)

"Innocence is to be presumed, ... unless his or her guilt has been established by a competent court."

Article 29 (Welfare benefits)

It is a "universal right" of all to enjoy social insurance or other forms of security for "retirement, unemployment, old-age disability", lack of guardianship, being a wayfarer, accident and the need for health and treatment services and medical care. The government, in accordance with the laws and by drawing on national revenues, is required to provide such insurance and economic protection to each and every citizen of the country.

Article 38 (Torture is forbidden)

"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."

Comment: Torture in the Islamic Republic

Videotaped confessions and "ideological recantations" by opponents of the regime are very common on Iranian broadcast television. The government denies using torture (shekanjeh) to elicit these statements, but Human Rights Watch calls torture and other ill-treatment "widespread and systematic" in Iran. Historian Ervand Abrahamian describes on way the government has found to skirt the explicit ban on torture and coerced confessions in the Constitution, by using Ta'zir or "Discretionary Punishment" of up to 74 lashes for lying to authorities.

The prisoners are asked questions. If their answers are not satisfactory, they can be lawfully whipped for `lying`. In theory, this punishment should come after a proper law court has found them guilty of perjury. But the line between interrogation and trial is hazy as the same clerics wear three different turbans – prosecutor, judge, and interrogator.

"The new regime has often told UN delegations that ta'zir should not be equated with torture because it is sanctioned by the sharia and administered by qualified magistrates."

Article 39

Any violation of the honor and dignity of a person arrested, detained, imprisoned or exiled in accordance with the law is prohibited and punishable.

Article 40

No one may turn the exercise of their rights into a means of harming others or violating public interests.

Article 41

Iranian citizenship is an inalienable right of every Iranian, and the government cannot deprive any Iranian of this right unless he or she requests it or takes the citizenship of another country.

Article 42

Foreign nationals can acquire Iranian citizenship within the limits of the law, and the revocation of their citizenship is possible if another state accepts them as citizens or they themselves request it.

Chapter IV [Article 43 to 55]: Financial affairs

Article 43

In order to ensure the economic independence of society, eradicate poverty and depravation and in order to meet the needs of people in the process of growth, while also guaranteeing their freedom, the economy of the Islamic Republic of Iran is based on the following criteria:

1-Meeting the basic needs of housing, food, clothing, health, medical care, education and necessary facilities to start a family for all.

2-Providing the conditions and facilities for all to work with the aim of achieving full employment, making means of labor available for those who are able to work but lack the necessary means, in the form of cooperatives, granting interest-free loans or any other shari’a compliant means that will neither lead to the concentration and accumulation of wealth in the hands of a few individuals and groups nor will let the State become the large absolute employer. This should be done with due regard for the necessities of general planning for the country’s economy in each stage of growth.

3-Organizing the country’s economic plan in such a way that the form, content and hours of work are such that each individual, in addition to his endeavors at work, has enough time and energy for spiritual, political and social development, for active participation in the management of the country’s affairs and for improving his skills and creativity.

4-Ensuring the freedom to choose an employment, not forcing people to engage in a particular employment, and preventing the exploitation of another person’s employment.

5-Prohibition of causing damage to others, monopoly, hoarding, usury, and other invalid and harām transactions.

6-Prohibition of wastefulness and extravagance in all areas related to economy, including consumption, investment, production, distribution and services.

7-Using sciences and technologies and training skilled individuals as needed for the development and progress of the country’s economy.

8-Preventing foreign domination of the country’s economy.

9-Laying emphasis on increasing agricultural, livestock and industrial productions to meet public needs and to bring the country to self-sufficiency and freedom from dependence.

Article 44

"The economy of Iran is to consist of three sectors: state, cooperative, and private; and is to be based on systematic and sound planning." "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" are to be entirely owned by the government. This article was amended in 2004 to allow for privatization.

Article 45

Anfāl and public wealth and properties, including mawāt or abandoned lands, mines, seas, lakes, rivers and other public waters, mountains, valleys, forests, marshlands, natural prairies, postures that are not restricted, inheritance without heirs, properties whose owners are unknown, and public properties recovered from usurpers shall be at the disposal of the Islamic government to use in accordance with the public interest. Details and the ways of using each of them shall be specified by law.

Article 46

Everyone is the owner of the income earned from his or her legitimate work and business and no one can deprive another person of the opportunity to work and do business under the pretext of ownership of his or her work and business.

Article 47

Private ownership acquired through mashru’ means is respected. The related criteria are determined by law.

Article 48

There should be no discrimination in the exploitation of natural resources and the use of national revenues at the provincial level and in the distribution of economic activities among the provinces and regions of the country, so that each region can have access to the necessary capital and facilities commensurate with its needs and capacity for growth.

Article 49 (Ill-gotten wealth)

"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 (Environment)

Protecting the environment is "a public duty" and economic activity that degrades or causes irreversible harm to the environment is forbidden.

Article 51

No tax shall be levied except in accordance with the law. Cases of tax exemption, relief and reduction shall be determined by law.

Article 52

The annual budget of the country is prepared by the Administration [Executive Branch] and submitted to the Islamic Shura Majlis (Islamic Consultative Assembly) for review and approval in accordance with law. Any change in the figures of the budget shall also be made in accordance with the procedures established by law.

Article 53

All of the sums received by the Government shall be deposited in the accounts of the General Treasury and all reimbursements shall be made within the limits of approved credits in accordance with law. 

Article 54

The country’s Supreme Audit Court is under the direct supervision of the Islamic Shura Majlis (Islamic Consultative Assembly). The organization and administration of its affairs in Tehran and the provincial capitals shall be specified by law. 

Article 55

The country’s Supreme Audit Court shall, in the manner prescribed by law, examine or audit all the accounts of the ministries, institutions, state enterprises and other organizations that in any way use the country’s general budget, in order to ensure that no expenditure exceeds the approved allocations and that every sum is spent for the intended purpose. The Supreme Audit Court shall, in accordance with law, collect the relevant accounts, records and documents and submit an annual budget settlement report in addition to its own comments to the Islamic Shura Majlis. This report must be made available to the public.

Chapter V [Article 56 to 61]: Right of national sovereignty

The executive, judicial, and legislative branches are separate powers and supervised by the leadership (Article 57); Pursuant to Article 60, the president fulfills "executive" functions "except in the matters that are directly placed under the jurisdiction of the [Leader]" as enumerated in Article 110. Suspension of elections is allowed during wartime (Article 68).

Article 56

Absolute sovereignty over the world and human belongs to God and He has made humans sovereign over their own social destiny.  No one can deprive humans of this divine right or subordinate it to the interests of a particular individual or group. The people shall exercise this divine right in the manner set forth in the following articles.

Article 57

The governing powers in the Islamic Republic of Iran include: the Legislative, the Executive and the Judiciary branches, which operate under the supervision of the Wilayat-ul Mutlaqah-ul Amr and Imamate of the Ummah (Guardianship of the Islamic Jurist) in accordance with the [forthcoming] articles of this Constitution. These branches of government are independent of each other.

Article 58

The Legislative branch operates through the Islamic Shura Majlis (Islamic Consultative Assembly) ,which is composed of the elected representatives of the people and whose legislation, after passing through the stages specified in the following articles, shall be communicated to the Executive and Judiciary branches for implementation.

Article 59

In very important economic, political, social and cultural matters, the Legislative power may be exercised through referendum and directly referring to people’s vote. A motion to refer a matter to people’s vote must be approved by two-thirds of the members of the Majlis (parliment).

Article 60

The Executive Branch - except in those matters directly entrusted to the Leader by this Constitution - operates through the President and the Cabinet Ministers.

Article 61

The Judiciary operates through courts of law, which must be established according to Islamic criteria and work to adjudicate and settle disputes, protect public rights, expand and uphold justice, and to implement Divine hudud [corporal punishments].

Chapter VI [Article 62 to 99]: Legislative powers

Representatives of the people to be members of the Islamic Consultative Assembly will be elected directly and by secret ballot (Article 62),

Term of membership in the Islamic Consultative Assembly is four years (Article 63),

Article 62

The Islamic Consultative Assembly shall consist of the representatives of the nation elected directly by secret ballot. The qualifications of voters and candidates and the manner of holding elections shall be determined by law.

Article 63

The representative legislative term in the Islamic Consultative Assembly is four years. The elections in each term must be held before the end of the previous term so that the country shall at no time be without an parliment.

Article 64

The number of members of the Islamic Consultative Assembly shall be 270 and taking into account human, political, geographical and similar factors, the number of parliment members [MMs] may be increased by not more than 20 every ten years from the date of the referendum held in the solar Hijri calendar year of 1368 [1989].

Zoroastrians and Jews shall each elect one representative, Assyrian and Chaldean Christians shall jointly elect one representative, and Armenian Christians in the north and in the south shall each elect one representative to the Majlis.

The boundaries of the constituencies and the number of representatives (for each constituency) shall be determined by law.

Article 65

After the elections are held, the sessions of the Islamic Consultative Assembly shall be official when two-thirds of the total number of members are present.

Bills and laws shall be adopted in accordance with the Internal Statute approved by the Majlis, except in cases where the Constitution has established a specific quorum. The approval of the Internal Statute shall require the affirmative vote of two-thirds of the MMs present.

Article 66

The Internal Statute of the Islamic Consultative Assembly shall determine the manner of election of the Speaker and the members of the Presiding Board, the number of committees and their term of office, as well as matters related to discussions and maintaining order in the Majlis.

Article 67 At the first session of the Majlis , the members must take the following oath and affix their signatures to the text of the oath:

“In the Name of Allāh, the Most Compassionate, the Most Merciful. I, in the presence of the Glorious Quran, swear by God the Almighty and the Exalted, and pledge on my human honor, to protect the sanctity of Islam and safeguard the achievements of the Islamic Revolution of the Iranian nation and the foundations of the Islamic Republic, to protect as a just trustee, the rust that has been entrusted to us by the nation, to remain trustworthy and observe piety in fulfilling my duties as a representative, to always be committed to the independence and exaltation of the country and the protection of the rights of the nation and service to the people, to defend the Constitution and to remain mindful of the independence of the country, the freedom of the people and the protection of their interests in my statements, writings and the expression of my views.”.

Representatives of religious minorities shall take this oath referring to their own divine book. Members who are not present at the first session must perform the oath-taking ceremony during the first session they attend.  

Article 68

In times of war and military occupation of the country, the elections in the occupied regions or in the whole country shall be postponed for a certain period of time on the proposal of the President, approved by three-fourths of the MMs and confirmed by the Shura-ye Negahban. If a new Majlis is not formed, the former Majlis shall continue to function.

Article 69

The deliberations of the Islamic Consultative Assembly have to be open and the full report of them shall be made known to the public through the radio or the official gazette.

In emergency conditions, if safeguarding the security of the country necessitates it, a closed session is held at the request of the President, one of the cabinet ministers or ten members of the Majlis. The decisions taken in closed session shall be valid only if they are approved, in the presence of the Shura-ye Negahban, by three-fourths of the members of the Majlis. The reports of the closed sessions and their approvals shall be made available to the public after the emergency conditions cease to exist.

Article 70

The President, Vice-Presidents and Cabinet Ministers have the right to attend the open sessions of the Majlis collectively or individually and may also be accompanied by their advisors and if the members of the Majlis consider it necessary, the Cabinet Ministers are obliged to attend [the session] and whenever they request, their remarks shall be heard.

Article 71

The Islamic Shura Majlis may legislate on all matters within the limits set by the Constitution.

Article 72

The Islamic Shura Majlis cannot pass laws that contradict the principles and rules of the official religion of the country or the Constitution. It is the responsibility of the Shura-ye Negahban to ensure this, in accordance with Article 96.

Article 73

The explanation and interpretation of ordinary laws fall within the competence of the Islamic Shura Majlis. The intent of this Article does not preclude the prosecutor’s interpretation of the law in determining the truth. 

Article 74

Government bills are submitted to the Majlis after being approved by the Cabinet of Ministers, and Majlis member bills may be submitted to the Majlis for consideration at the request of at least 15 MMs.

Article 75

Majlis bills and MMs’ proposals and amendments to Government bills that result in a decrease in public revenues or an increase in public expenditures may be considered in the Majlis provided that the means for compensating for the decrease in income or for covering the new expenditures are also specified.

Article 76

The Islamic Shura Majlis has the right of investigation and inquiry into all the affairs of the country.

Article 77

International treaties, conventions, contracts and agreements must be ratified by the Islamic Shura Majlis.

Article 78

Any change in the boundaries of the country is forbidden, except for minor amendments (made) while preserving the interests of the country and provided that they are not unilateral, do not violate the independence and territorial integrity of the country, and are ratified by four-fifths of the total members of the Islamic Shura Majlis.

Article 79

The imposition of martial law is prohibited. In the event of war or a similar emergency, the Government shall have the right, with the approval of the Islamic Shura Majlis, to temporarily impose the necessary restrictions, the duration of which shall not exceed thirty days. If the necessity continues (beyond thirty days), the Government shall be obliged to seek the approval of the Majlis again.

Article 80

The receipt and granting of domestic or foreign loans or gratuitous grants by the Government must be ratified by the Islamic Shura Majlis.

Article 81

It is absolutely forbidden to grant concessions to foreigners for the establishment of companies and institutions engaged in commercial, industrial, agricultural, mining and services fields.

Article 82

The Government is prohibited from employing foreign experts except in necessary cases and with the approval of the Islamic Shura Majlis.

Article 83

State-owned buildings and properties that are part of the national heritage cannot be transferred to others except with the approval of the Islamic Shura Majlis and only if they are not among unique treasures.

Article 84

Every Member of Parliament is responsible to the whole nation and has the right to express his or her views on all of the domestic and foreign affairs of the country.

Article 85

Membership (in the Majlis) is vested in the individual and cannot be transferred to another person. The Majlis may not delegate the legislative power to any person or committee, but in cases of necessity, it may delegate the power to legislate certain laws to its internal committees in accordance with Article 72. In this case, the laws shall be implemented on an interim basis for a period of time to be determined by the Majlis and their final approval shall rest with the Majlis.

The Majlis may also, in accordance with Article 72, delegate to the related committees the responsibility for the permanent approval of the statutes of organizations, companies and institutions belonging to or affiliated with the Government, or give the Government the authority to approve them. If so, the Government approvals must not be inconsistent with the principles and rules of the official religion of the country or the Constitution, and the Shura-ye Negahban shall determine this, in accordance with Article 96.

Moreover, the Government approvals must not be contrary to the laws and general regulations of the country, and in addition to promulgating them for implementation, they must be brought to the knowledge of the Speaker of the Islamic Shura Majlis to study and confirm that they are not contrary to the laws.

Article 86

In carrying out their duties as representatives, MMs are completely free in expressing their opinions and casting their votes and they cannot be prosecuted or arrested for the opinions they express in the Majlis or the votes they cast in carrying out their duties as representatives.

Article 87

The president must obtain a vote of confidence from the Majlis for Cabinet of Ministers after it is formed and before taking any other action. During his term, the President may also seek a vote of confidence from the Majlis for the Cabinet of Ministers on important and controversial issues.

Article 88

Whenever at least one-fourth of the total number of the MMs submit a question to the President, or whenever a MM submits a question to a Cabinet of Ministers concerning one of his or her duties, the President or the Minister shall appear before the Majlis and answer the question. The answer may not be delayed for more than a month in the case of the President and ten days in the case of the Minister, unless there is a valid excuse accepted by the Islamic Shura Majlis.

Article 89

1- Members of the Islamic Shura Majlis may impeach the Cabinet of Ministers or any of the Ministers if they deem it necessary.

A motion of impeachment may be submitted if it bears the signatures of at least ten MMs. The Cabinet of Ministers or the impeached Minister must appear before the Majlis within ten days of the submission of the impeachment motion to answer it and to seek a vote of confidence. If the Cabinet of Ministers or the Minister in question does not attend the Majlis, the members who submitted the impeachment motion shall provide the necessary explanations about the impeachment and the Majlis shall declare a vote of no confidence if it deems it necessary. If the Majlis does not pass a vote of confidence, the Cabinet of Ministers or the impeached Minister is dismissed. In both cases, the impeached Ministers may not be part of the next Cabinet of Ministers formed immediately thereafter.

2- If at least one-third of the members of the Islamic Shura Majlis impeach the President regarding the fulfilment of his responsibilities relating to the management of the Executive Branch and the running of the executive affairs of the country, the President must appear before the Majlis within one month after the submission of the impeachment motion and give sufficient explanations regarding the matters raised. If, after hearing the statements of the members who are for or against (the impeachment) and the reply of the President, two-thirds of the MMs declare a vote of no confidence, this will be communicated to the Leader for information and implementation of Section 10 of Article 110 of the Constitution.

Article 90

Anyone who has a complaint about the work of the Majlis, the Executive or the Judiciary Branches may submit it in writing to the Majlis. The Majlis shall investigate the complaint and give an adequate response. If the complaint concerns the Executive or the Judiciary Branches, the Majlis shall demand from them a proper investigation of the matter and an adequate explanation and shall announce the results in due time and if the subject of the complaint relates to the public, the answer shall be made public.

Article 91

In order to safeguard the rules of Islam and the Constitution by ensuring that the laws passed by the Islamic Shura Majlis do not contradict them, a council known as the Shura-ye Negahban shall be formed with the following composition:

1-Six fuqaha who are just and conscious of the present-day needs and the issues of the day. They shall be selected by the Leader.

2-Six jurists specializing in different fields of law. They shall be elected by Islamic Shura Majlis from among Muslim jurists introduced to the Majlis by the Head of the Judiciary.

Article 92

The members of the Shura-ye Negahban shall be elected for a term of six years. But during the first term, after three years, half of the members of each group shall change by lot, and new members shall be elected in their place.

Article 93

The Islamic Shura Majlis has no legal status without the existence of the Shura-ye Negahban, except for the approval of the credentials of the members (of the Majlis) and the election of the six jurists of the Shura-ye Negahban.

Article 94

All laws passed by the Islamic Shura Majlis shall be sent to the Shura-ye Negahban. After receiving it, the Shura-ye Negahban, within a maximum of ten days, must review the legislation in terms of its compatibility with the criteria of Islam and the Constitution, and if it finds the legislation incompatible, it shall return it to the Majlis for review. Otherwise, the legislation shall be considered enforceable.

Article 95

In cases where the Shura-ye Negahban deems ten days to be insufficient to examine and formulate an opinion, it may request the Islamic Shura Majlis to grant an extension of a maximum of ten days. The Shura-ye Negahban must state the reason for the requested extension.

Article 96

The compatibility of the laws passed by the Islamic Shura Majlis with the rules of Islam is determined by the majority vote of the fuqaha of the Shura-ye Negahban, and their compatibility with the Constitution is determined by the majority vote of all the members of the Shura-ye Negahban.

Article 97

In order to speed up the legislative process, the members of the Shura-ye Negahban may attend the Majlis and listen to the debates on a government or Majlis bills. However, if there is an urgent Majlis or government bill on the agenda of the Majlis, the members of the Shura-ye Negahban must attend the Majlis and express their views.

Article 98

The interpretation of the Constitution is vested in the Shura-ye Negahban and it shall be done with the approval of three-fourth of its members.

Article 99

The Shura-ye Negahban is responsible for monitoring the elections of Leadership Experts Majlis, the President, and the Islamic Shura Majlis, as well as issues that are put to a direct vote of the people and referenda.

Chapter VII [Article 100 to 106]: Local councils

Article 100

In order to expeditiously advance social, economic, developmental, health, cultural and educational programs and other matters of public welfare with the cooperation of the people according to local needs, the administration of each village, district, city, county and province shall be supervised by a council known as the village, district, city, county or provincial shura, the members of which shall be elected by the people of the locality.

The qualifications for the eligibility of voters and candidates, the functions and powers, the manner of election, the jurisdiction, and the hierarchy of authority of the shuras shall be determined by law in accordance with the principles of national unity, territorial integrity, the system of the Islamic Republic and loyalty to the central government.

Article 101

A Supreme Shura (Council) of the Provinces shall be formed, composed of representatives of the Provincial councils (shuras), to prevent discrimination and ensure cooperation in the preparation of development and welfare programs for the provinces and to supervise their coordinated implementation. The law shall determine how this shura shall be formed and what its responsibilities shall be.

Article 102

The Supreme council of the Provinces has the right to draft bills within its prerogative and submit them to the Islamic Shura Majlis directly or through the Government. These bills must be reviewed by the Majlis.

Article 103

Provincial governors, city governors, district governors and other government-appointed officials of the country must obey the decisions of the shuras made within their prerogative.

Article 104

In order to ensure Islamic justice and cooperation in the preparation of programs and to create harmony in the conduct of affairs in all production, industrial, and agricultural units, shuras will be formed consisting of representatives of workers, peasants and other employees and managers, and in educational, administrative, and service units and the like, councils (shuras) will be formed consisting of representatives of these units. The law shall determine how these councils are formed as well as the scope of their responsibilities and powers.

Article 105

The decisions of the councils (shuras) must not contradict the criteria of Islam and the laws of the country.

Article 106

The councils (shuras) may be dissolved only if they deviate from their legal duties. The law shall specify the body responsible for determining such deviation and how the councils (shuras) shall be dissolved and reconstituted. If a council (Shura) objects to its dissolution, it shall have the right to appeal to a competent court, and the court must consider its appeal out of turn.

Article 107

The Leadership Experts Majlis - after the eminent Marja-e Taqlid and great leader of Iranian revolution|Islam’s universal revolution]] and founder of the Islamic Republic of Iran, Ayatollah-al Uzma Imam Khomeini who was acknowledged and accepted as a Marja and Leader by the vast majority of the people - these Experts elected by the people shall be entrusted with the task of designating the Leader.

The experts of the Leadership Experts Majlis shall examine and discuss all the fuqaha who possess the qualifications referred to in Articles 5 and 109. If they come to the conclusion that one of them is the most knowledgeable in Islamic rulings and the subjects of fiqh or in political and social issues or enjoys general popularity or has special distinction in any of the qualifications mentioned in Article 109, they shall elect him as the Leader or otherwise they shall elect and declare one of them as the Leader.

The Leader elected by the Experts shall assume the Wilayat-ul Amr and all the responsibilities arising from it. The leader shall be equal before the law to the rest of the people of the country.

Background and comments

Before the 1989 amendments to the constitution, Article 107 called for the leader to be someone who was "accepted as a marja' and Leader by a decisive majority of the people", and if such a person could not be found, to appoint a "leadership council" made up of marja' In his book Islamic Government: Guardianship of the Jurist, Khomeini had argued that "only the most senior religious jurists -- not just any cleric -- had the scholastic expertise and the educational training to fully comprehend the intricacies of Islamic jurisprudence." According to historian Ervand Abrahamian, the original constitution also declared that "the leadership clauses, especially those stipulating that ultimate authority resides in the senior religious jurists [marja'], were to endure until the Mahdi, the Lord of the Age, reappears on earth."

They were amended nonetheless because the Assembly of Experts that would choose the next leader knew "well that the senior jurists distrusted their version of Islam", i.e. Khomeini and his supporters interpretation of Islam. Abrahamian argues that this "unwittingly undermined the intellectual foundations" of the jurist's roll as guardian. Another scholar (Olivier Roy) called the change "an end to the logic of the Islamic revolution" for the same reason.

Article 108

During the first term, the law specifying the number and qualifications of the Experts and the manner of their election, as well as the Internal Statute regulating their meetings, shall be prepared and ratified by the majority of votes of the fuqaha of the first Shura-ye Negahban, and then approved by the Leader of the Revolution. After that, the Leadership Majlis shall have the authority to make any amendments or revisions to this law or to approve any other provisions concerning the duties of the Experts.

Article 109

Essential Qualifications and Attributes of Leader:

1- Having the scholarly qualification required for issuing fatwas in different fields of fiqh.

2- Having the justice and piety necessary for the leadership of the Islamic Ummah.

3- Having the right political and social discernment, ingenuity, courage, management qualities and the necessary leadership ability.

If there are more than one person having the above-mentioned qualifications, preference shall be given to the person with the better fiqhi and political discernment.

Article 110

Responsibilities and Powers of Leader:

1- Determining the general policies of the Islamic Republic of Iran after consultation with the Expediency Discernment Council.

2- Supervising the proper execution of the general policies of the State.

3- Issuing the decree for referenda.

4- Commanding the Armed Forces.

5- Declaring war and peace and mobilizing the Armed Forces.

6- Appointing, dismissing and accepting the resignation of:

i.Fuqaha of the Shura-ye Negahban

ii.Highest-ranking official of the Judiciary (Judiciary Chief)

iii.President of the Islamic Republic of Iran Broadcasting (IRIB)

iv.Chief of Staff of the Armed Forces.

v.Commander of the Islamic Revolution Guards Corps.

vi.High-ranking commanders of the military and police forces.

7- Resolving differences between the three branches of government and coordinating their relations.

8- Resolving through the Expediency Discernment Council the problems of the State that cannot be settled via conventional proceedings.

9- Signing the decree of the President after his election by the people. The qualification of candidates for the Presidency with regard to the conditions specified in the Constitution must be confirmed before elections by the Shura-ye Negahban and in the first term by the Leader.

10- Dismissing the President with due attention to the interests of the country after the Supreme Court finds him guilty of violating his constitutional duties or after the Islamic Shura Majlis votes to establish his incompetence based on Article 89 of the Constitution.

11- Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, upon the recommendations of the Judiciary Chief.

The Leader may delegate some of his responsibilities and powers to another person.

Article 111

Dismissal of Leader If the Leader becomes incapable of fulfilling his legal duties or loses any of the qualifications referred to in Articles 5 and 109 or it is found that he did not possess some of the qualifications from the beginning, he shall be removed from office. Jurisdiction in this matter is vested in the Experts specified in Article 108.

In the event of the death, resignation or removal of the Leader, the Experts are responsible for designating and appointing a new Leader as soon as possible.

Until the new Leader is introduced, a shura consisting of the President, the Judiciary Chief, and one of the fuqaha of the Shura-ye Negahban, selected by the Expediency Council, shall provisionally assume all of the duties of the Leader, and if during this period one of them is unable to fulfill the duties for any reason, another person shall be appointed in his place, while maintaining the majority of the fuqaha (in the shura).

This council shall act with respect to the duties referred to in Paragraphs 1, 3, 5, and 10 and Sections (iv), (v), and (vi) of Paragraph 6 of Article 110, upon the approval of three-fourths of the members of the Expediency Council. Whenever the Leader, due to his illness or any other event, temporarily becomes unable to perform the duties of leadership, the council mentioned in this Article shall assume his duties during that time.

Article 112

The Convention for the Expediency Discernment of the State shall meet, upon the order of the Leader, to determine the expediencies of the State in cases where the Shura-ye Negahban finds a bill passed by the Islamic Shura Majlis to be contrary to the criteria of the sharia’ or the Constitution and the Majlis fails to meet the expectations of the Shura-ye Negahban, and also to consult on any issue referred to it by the Leader, and to perform other duties mentioned in this Constitution.

The Leader shall appoint the permanent and non-permanent members of the Expediency Council. The rules of the Expediency Council shall be drawn up and approved by the Expediency Council members and confirmed by the Leader

Chapter IX [Article 113 to 151]: Executive power

The president is the second-highest office holder (Article 114),

elected for a four-year term (Article 114).

He must be of Iranian origin and nationality and a Twelver Shi'i, have administrative capacity and resourcefulness, virtues of trustworthiness and piety, stay loyal to the principles of the Islamic Republic (Article 115)

and declare his candidacy officially (Article 116).

Elections will have a second run-off round if there is no majority in the first round (Article 117),

will be supervised by the Guardian Council (Article 118)

and must take place no later than one month before the end of the term of the outgoing president. (Article 119),

Article 146 (Forbidden military bases)

Foreign military bases in Iran, even for peaceful purposes, are forbidden.

Chapter X [Article 152 to 155]: Foreign policy

Article 152

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, non-alignment with respect to the hegemonic superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

Article 153

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

The ideal of the Islamic Republic of Iran is independence, justice, truth, and felicity among all people of the world. Accordingly, it supports the just struggles of the Mustad'afun (oppressed) against the Mustakbirun (oppressors) 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 and are worthy of it.

Chapter XI [Article 156 to 174]: Judiciary

Article 156

Duties of the Judiciary:

1. investigating and resolving grievances, violations of rights, and complaints;
2. promoting justice and freedom;
3. supervising law enforcement;
4. investigating, prosecuting, and punishing, crimes;
5. crime prevention and reforming criminals

Article 157

The Leader shall appoint the head of the judiciary

Article 158

The head of the judiciary shall be responsible for the establishing the structure for the administration of justice; draft bills on the judiciary; appointing, dismissing, transferring judges (Article 158),

Article 159

Grievances and complaints will be referred to the courts

Article 161

The Supreme Court will "supervise the correct implementation of the laws by the courts", ensure "uniformity of judicial procedure";

Article 162

The chief of the Supreme Court and the Prosecutor-General must both be just mujtahids (Islamic jurisprudents). 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 164

Judges cannot be removed from office except by trial and conviction, or by being dismissed in consequence of a violation;

Article 165

Trials are to be open to the public; unless detrimental to public morality or discipline, or in case of private disputes;

Article 167

Verdicts of courts must be well reasoned out and documented (Article 166),
Judges must make use of "Islamic sources and...verdicts " in matters where the Iranian law books are silent;

Article 168

"Political and press offences will be tried openly ... in accordance 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 may not execute statutes and regulations that conflict with the laws or the norms of Islam;

Article 171

When there is a moral or material loss as the result of an incorrect ruling of a judge the defaulting judge must stand surety for the reparation of that loss in accordance with the Islamic criteria;

Article 172

Military courts will be established to investigate crimes committed in connection with military or security duties by members of the military or security;

Article 174

The National General Inspectorate will "supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government".

Chapter XII [Article 175]: Radio and television

This article guarantees the freedom of expression and dissemination of thoughts in the "Radio and Television of the Islamic Republic of Iran" when keeping with the Islamic criteria and best interests of the country. It gives the Leader the power to appoint and dismiss the head of the "Radio and Television of the Islamic Republic of Iran" and establishes a council with two representatives (six in total) from each branch of the government to supervise this organization.

Chapter XIII [Article 176]: Supreme Council for National Security

Chapter 8, which has only one article, establishes Iran's National Security Council. "The Council shall consist of: heads of three branches of the government, 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."

Chapter XIV [Article 177]: Revisions

To revise the constitution, the Leader must "issue 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.
9. Three representatives from among the university professors.

Whatever this Council and the Leader agree on will be put to a national referendum and amend the constitution if it receives an absolute majority vote. (Unlike referenda under Article 59, where referendum must be approved by a supermajority of the Islamic Consultative Assembly before going to a vote.)

Parts of the constitution that cannot be amended: "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 wilayat al-'amr; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Ja'fari]".

Comment

This article itself was a revision to the Constitution, so the constitution was amended in 1989 without this chapter allowing amendments being a part of the constitution.

See also

• 1989 Iranian constitutional referendum
• Blasphemy laws of the Islamic Republic of Iran
• December 1979 Iranian constitutional referendum
• Iran Constitution of 1906
• Iranian Islamic Republic Day
• Iranian Revolution
• List of members of Constitutional Amendment Council of Iran
• Politics of Iran
• Sharia

External links

• Constitution of Iran (in Persian), Ministry of Interior, Iran (PDF, webarchive)
• Constitution of Iran, as an unofficial English translation hosted at University of Bern, Switzerland (with good summaries)
• Islamic Republic of Iran Constitution, parstimes.com
• Islamic Republic of Iran Constitution, iranonline.com
• An article on the Constitution of the Islamic Republic of Iran from the Encyclopaedia Iranica
• Iran Chamber Society
• Iran Law Library
• http://www.helplinelaw.com/law/iran/constitution/constitution02.php Archived 22 February 2020 at the Wayback Machine
• https://web.archive.org/web/20070929082837/http://www.ibchamber.org/lawreg/constitution.htm
• https://web.archive.org/web/20170918102549/http://www.alaviandassociates.com/documents/constitution.pdf
• Iran Electoral Archive – Iranian Constitution
• (in English) Nourlaw.com – Database of Iranian laws and regulations – 2017