¹ The Qur'an, 57: 25. Henceforth all English translations of the Qur'an are cited from Abdullah Yusuf Ali, The Holy Qur'an (Beltsville, Maryland, 1989).

² One tomān consists of ten riyāls, the currency unit of Iran.

³ Article 5 (1979 Edition): In the Islamic Republic of Iran, during the absence (ghayba) of his holiness, the Lord of the Age, May God all mighty hasten his appearance, the sovereignty of the command [of God] and religious leadership of the community [of believers] is the responsibility of the jurisprudent who is just, pious, courageous, knowledgeable about his era, and a capable administrator, and is recognized and accepted by the majority of people as leader. In case no jurisprudent receives such a majority, the leader or the Leadership Council, consisting of qualified jurisprudents, as mentioned above and in accordance with Article 107, assumes these responsibilities.

⁴ Persian is a gender-neutral language. This translation has been using the third-person pronoun “he” whereas in Persian the pronoun can be in reference to both sexes.

⁵ Article 57 (1979 Edition): The governing powers in the Islamic Republic of Iran consist of the legislative, the executive, and the judiciary powers. They are exercised according to the forthcoming articles of this law under the supervision of the authority of the command (velayat-i amr) and the continuous religious leadership (imamat) of the community of believers. These powers are independent of each other and the President of the Republic establishes the association among them.

⁶ Article 60 (1979 Edition): The executive power is exercised by the President of the Republic, the ministers, and the prime minister, except in affairs that are directly delegated to the leadership by this law.

⁷ Article 64 (1979 Edition): There shall be 270 representatives in the National Consultative Assembly. Every ten years, if the population of the nation increases, at each voting district, one new representative will be added for each additional 150,000 people. Every ten years, if the population of each minority group increases, a new representative will be added for every additional 150,000 people.

The Zoroastrians and the Jews each elect one representative; the Armenian Christians of the North and the South each elect one representative. The law determines the regulations pertinent to the elections.

⁸ Article 69 (1979 Edition): The debates of the National Consultative Assembly must be open to the public and their complete report must be disseminated to the public through radio and the official newspaper. In emergencies, upon the request of either the prime minister or one of the ministers or ten representatives, a closed session will be formed. The proposals of the closed session are valid if they are approved in the presence of the Guardian Council by three-fourths of the entire representatives. After the emergency situation is over, the reports and legislations of these sessions must become available to the public.

⁹ Article 70 (1979 Edition): The President of the Republic, the prime minister, and the ministers, individually or together, have the right to participate in the open sessions of the Assembly. They can be accompanied by their aides. If the representatives find it necessary, the President of the Republic, the prime minister, and the ministers are obliged to attend; if they request it their discussions will be heard. The invitation of the president to the Assembly must be approved by a majority.

¹⁰ Article 85 (1979 Edition): Membership in the Assembly is vested in an individual and cannot be delegated to another person. The Assembly cannot allocate the power of legislation to a person or a commission. However, in urgent cases it can assign to its own internal commissions the power to legislate certain laws, in accordance with Article 72. In this case, the laws will be implemented experimentally for a period of time that is specified by the Assembly. Their final approval will be determined by the Assembly.

¹¹ Article 87 (prior to 1989 revisions): The Council of Ministers must obtain the Assembly's vote of confidence after it is formed and introduced and before any undertakings. On important or disputable matters it can also request the Assembly's vote of confidence.

¹² Article 88 (1979 Edition): In every case when a representative questions a minister in charge about any of his duties, that minister is obliged to go before the Assembly and answer the question. The response should not be delayed more than ten days, except with an excuse that the National Consultative Assembly considers legitimate.

¹³ Article 89 (1979 Edition): Members of the Assembly can interrogate the Council of Ministers, or any individual minister on matters they find necessary. The inquiry can be presented to the Assembly if it is signed by at least ten representatives.

The Council of Ministers, or the minister under question must appear at the Assembly within ten days after the inquiry is submitted, and answer the question, and ask for a vote of confidence from the Assembly. If the Council of Ministers, or the minister, fail to appear at the Assembly, the representatives who posed the question shall provide the necessary explanation for their questioning. If the Assembly considers it appropriate, it will declare a vote of no-confidence.

If the Assembly does not give a vote of confidence, the Council of Ministers or the minister in question will be removed. In both cases, prime minister or the ministers in question cannot become members in the cabinet that is subsequently formed.

¹⁴ Article 91 (1979 Edition): An assembly named the Guardian Council is established in order to protect the commands of Islam and the constitution from disaccord with the legislation of the National Consultative Assembly. The Guardian Council has the following formation:

1. Six just Islamic jurisprudents, conscious of the issues and needs of the time. They are selected by the leader or the Leadership Council.

2. Six jurisprudents, specialized in different fields of law, from among the Muslim jurists who are presented by the Supreme Judiciary Council to the National Consultative Assembly and elected by its vote.

¹⁵ Article 99 (1979 Edition): The Guardian Council is responsible for supervising the elections of the president, the elections to the National Consultative Assembly, and referral to the public opinion and polls.

¹⁶ Article 107 (1979 Edition): Whenever one of the jurisprudents who fulfills the qualifications discussed in Article 5 of this constitution is acknowledged and accepted by the undisputed majority of the people as the leader and the exalted source of religious conduct (marja‘-i taql-id)—as has been the case with the exalted source of religious conduct and the leader of the Revolution, Imam Khomaini, may his noble character be sanctified—this leader is in charge of the sovereignty of the command and all the responsibilities that derive from that. Otherwise, the Experts, who are elected by the people, consider and consult with each other about all the persons who have the qualifications to be the marja‘ and the leader. If they find one marja‘ possessing of special significance for leadership, they introduce him to the people as the leader; otherwise, they designate three or five marja‘s, who are qualified for the leadership, and introduce them to the people as members of the Leadership Council.

¹⁷ Article 108 (1979 Edition): The law on the number and qualifications of the Experts, the manner of their selection, and the internal guideline for their meetings of the first term, must be prepared by the jurisprudents of the first Guardian Council, it must be ratified by their majority vote, and submitted to the leader for the final approval. Whence, any change or review of this law falls within the authority of the Assembly of Experts.

¹⁸ Article 109 (1979 Edition): The qualifications and attributes of the leader or members of the Leadership Council are as follows:

1. 1.

   1. scholarly qualification and piety for issuing religious ruling (fatwa) and serving as the marja‘;

2. 2.

   2. political and social insight, courage, power and sufficient administrative abilities for leadership.

¹⁹ Article 110 (1979 Edition): The authorities and responsibilities of the leadership:

1. 1.

   1. appointing the jurisprudents of the Guardian Council;

2. 2.

   2. appointing the country's supreme judicial authority;

3. 3.

   3. commanding the armed forces as follows:

   • a. appointment and dismissal of the chief of the general staff,

   • b. appointment and dismissal of the commander-in-chief of the Islamic Pasdaran Revolutionary Corps,

   • c. establishing a Supreme National Defense Council, consisting of the following seven members:

     • the President of the Republic,

     • the prime minister,

     • the defense minister,

     • the chief of the general staff,

     • the commander-in-chief of the Islamic Pasdaran Revolutionary Corps,

     • two advisors appointed by the leader,

     • appointing the supreme commanders-in-chief of the three national forces, upon the recommendation of the Supreme National Defense Council,

   • d. declaring war, peace, and mobilizing national forces upon the recommendation of the Supreme National Defense Council;

4. signing the appointment of the President of the Republic, after his election by the public. The qualifications of the candidates for presidency, with respect to the conditions set forth by the constitution, must be confirmed by the Guardian Council prior to the general elections and approved by the leader for the first term;

5. dismissing the President of the Republic, with regard to the best interests of the country, after either the Supreme Court has issued a ruling convicting him of deviating from his legal duties, or the National Consultative Assembly has cast a vote against his political competence;

6. pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, upon the recommendation of the Supreme Court.

.

²⁰ Article 111 (1979 Edition): In the event the leader, or any member of the Leadership Council, is debilitated to perform the legal responsibilities of leadership, or becomes deficient in one of the qualifications mentioned in Article 109; he will be dismissed from his position. This issue is examined by the Experts, as mentioned in Article 108.

Regulations for the convening of the Experts to evaluate and implement this Article is determined in the first session of the Council of Experts.

²¹ Article 112 (1979 Edition): The leader and the Leadership Council are equal to other citizens before the law.

²² Article 113 (prior to the 1979 Edition): After the leadership, the President of the Republic is the highest official of the country. He is responsible for executing the constitution, coordinating the relations among the three powers, and heading the executive power, except in instances that are directly related to the leadership.

²³ Article 121 (1979 Edition): The President of the Republic must take the following oath and add his signature to it at a session held at the National Consultative Assembly in the presence of the Supreme Court and the members of the Guardian Council:

²⁴ Article 122 (1979 Edition): The President of the Republic is responsible before the nation within the confines of his authorities and duties. The law determines how to investigate any deviation from this responsibility.

²⁵ Article 124 (1979 Edition): The President of the Republic nominates an individual as the prime minister and issues a decree appointing him the prime minister, after receiving the vote of consent from the National Consultative Assembly.

²⁶ Article 126 (1979 Edition): Governmental protocols and regulations are communicated to the President of the Republic after they are approved by the Council of Ministers. If he finds them in contradiction with the laws, he returns them, with his explanations, to the Council of Ministers for review.

²⁷ Article 127 (1979 Edition): In the event the President of the Republic finds it necessary, the meeting of the Council of Ministers will be held in his presence and chaired by him.

²⁸ Article 128 (1979 Edition): The President of the Republic signs the credentials of the ambassadors and accepts the credentials of ambassadors from other countries.

²⁹ Article 130 (1979 Edition): In the event of the absence or illness of the President of the Republic, a council known as the Temporary Presidential Council composed of the prime minister, head of the National Consultative Assembly, and head of the Supreme Court, will perform his duties provided that the conditions excusing the president last no longer than two months. Also, if the president has been dismissed, or his term has expired, and a new president has not been elected because of certain obstacles, the responsibilities of president shall be exercised by this council.

³⁰ Article 131 (1979 Edition): In case of death, resignation, or sickness for longer than two months of the President of the Republic, or in case the president is dismissed, or other circumstances of this kind, the Temporary Presidential Council has the duty to assure that the new president is elected within a maximum of fifty days. During this time, this council implements all the responsibilities and authorities of the President of the Republic except in regard to the referendum.

³¹ Article 132 (1979 Edition): During the period when the Temporary Presidential Council is assigned the duty of the president, the government cannot be asked to explain an issue, nor can the government be given a vote of no-confidence, nor steps taken to revise the constitution.

³² Article 133 (1979 Edition): The ministers are appointed upon the recommendation of the prime minister and the approval of the President of the Republic, and then introduced to the Assembly to obtain the vote of confidence.

The law determines the number of ministers and the confines of their authority.

³³ Article 134 (1979 Edition): The leadership of the Council of Ministers is assigned to the prime minister who supervises the functions of the ministers; and, by adopting necessary provisions, coordinates the decisions made by the government; and, with the cooperation of the ministers, determines the programs of the government and implements the laws.

The prime minister is responsible for the actions of the Council of Ministers before the Assembly.

³⁴ Article 135 (1979 Edition): The prime minister remains at his post as long as he has the vote of confidence issued by the Assembly. The resignation of the government is submitted to the President of the Republic. Until the designation of the new government, the prime minister continues with his duties.

³⁵ Article 136 (1979 Edition): In the event the prime minister decides to depose a minister and replace him with another, the President of the Republic must approve of this dismissal and substitution and obtain a vote of confidence from the Assembly for the new minister. After the Assembly has announced its vote of confidence to the government, in case half of the members of the Council of Ministers are changed, the government must again solicit a vote of confidence from the Assembly.

³⁶ Article 137 (1979 Edition): Each of the ministers is responsible for his own specific duties before the Assembly, but responsible for the actions of others in matters that are approved by the Council of Ministers.

³⁷ Article 138 (1979 Edition): In addition to instances when the Council of Ministers or a minister is assigned to draft the regulations for implementing the laws, the Council of Ministers has the authority to establish regulations and protocols for fulfilling administrative duties, for securing the implementation of the laws, and for organizing administrative offices. Each one of the ministers, also, within the confines of his own duties, and the legislations of the Council of Ministers, has the authority to establish regulations and to issue memoranda. But, the content of these regulations must not contradict the text and the spirit of the laws.

³⁸ Article 140 (1979 Edition): Accusations against the President of the Republic, the prime minister, and the ministers, in cases of ordinary crimes, are investigated with the knowledge of the National Consultative Assembly at the common courts of justice.

³⁹ Article 141 (1979 Edition): The President of the Republic, the prime minister, the ministers, and the government employees cannot hold more than one governmental position. They are prohibited from holding any other kind of job at institutions whose capital, partially or entirely, belongs to the government or public institutions. Nor can they be a representative at the National Consultative Assembly, or an attorney of court, a legal advisor, or the president, executive manager, or member of the board of directors of any kind of private company; except for cooperative companies of offices and institutions. Educational positions at universities and research institutes are exempt from this rule. The prime minister can accept directorship of some of the ministries on a temporary basis, if necessary.

⁴⁰ Article 142 (1979 Edition): The wealth of the leader, or members of the Leadership Council, the President of the Republic, the prime minister, the ministers, and their spouses and children, will be examined by the Supreme Court before and after their term of office, in order to determine if it is increased illegitimately.

⁴¹ Article 157 (1979 Edition): In order to fulfill the responsibilities of the judiciary power a council called the Supreme Judiciary Council is formed which is the highest authority of the judiciary power. Its responsibilities are as follows:

1. 1.

   1. creating the necessary institutions in the Ministry of Justice in accordance with the responsibilities of Article 156;

2. 2.

   2. preparing judicial bills appropriate with the Islamic Republic;

3. 3.

   3. employing just and meritorious judges, dismissing and appointing them, changing their place of assignment, specifying their jobs, promotions, and similar administrative affairs, in accordance with the law.

⁴² Article 158 (1979 Edition): The Supreme Judiciary Council will consist of five members:

1. 1.

   1. the head of the Supreme Court;

2. 2.

   2. the prosecutor-general;

3. 3.

   3. three just and learned judges who are scholar of jurisprudence (mujtahid), as selected by the judges of the country.

Members of this council are selected for five years in accordance with the law. Their re-election is not prohibited.

The law determines the qualifications of the candidates and the electors.

⁴³ Article 160 (1979 Edition): The minister of justice has the responsibility for all the affairs concerning the relationship between the judiciary and the legislative and the executive powers. The minister is selected from among the persons who are proposed by the supreme judiciary to the prime minister.

⁴⁴ Article 161 (1979 Edition): The Supreme Court is formed on the basis of the criteria that are set forth by the Supreme Judiciary Council in order to supervise the correct enforcement of the laws in the courts, create uniformity in the judicial procedure, and fulfill the responsibilities that are allocated to it according to the law.

⁴⁵ Article 162 (1979 Edition): The head of the Supreme Court and the prosecutor general must be just scholars of jurisprudence and knowledgeable of judicial matters. The leadership, in consultation with the judges of the Supreme Court shall appoint them to these posts for a period of five years.

⁴⁶ Article 164 (1979 Edition): A judge cannot be temporarily or permanently dismissed from the position he occupies without a trial and proof of guilt or a misdemeanor that is cause for his removal. Nor can his position or place of service be changed without his consent unless it benefits society, with the approval and unanimous vote of members of the Supreme Judicial Council. The periodic transfer of the judges takes place according to the general criteria that are established by law.

⁴⁷ Article 173 (1979 Edition): In order to investigate the complaints, grievances, and objections of the people against governmental officials, units, and protocols, and in order for the people to restore their rights, a court called the Court of Administrative Justice will be established under the supervision of the Supreme Judicial Council. The law determines the domain of authority and operation of this court.

⁴⁸ Article 174 (1979 Edition): On the basis of the right of the judiciary to supervise the appropriate proceedings of the affairs and the correct enforcement of the law in the administrative organizations, an institution named the National General Inspectorate will be established under the supervision of the Supreme Judiciary Council.

The law determines this organization's domain of authority and its responsibilities.

⁴⁹ Article 175 (1979 Edition): In the mass media (radio and television), freedom of press and advertisement must be granted in accordance with the Islamic criteria. The media is administered under the joint supervision of the three powers: the judiciary (the Supreme Judicial Council), legislature, and executive. The law determines how this is to take place.