6th Draft

Platform and suggested Interim Constitution of Iran Secular 

Table of Contents

 

Platform Summary

Introduction

Preamble

Chapter I - General Principles

Chapter II - Official language, Script, Calendar and the Flag of the Country

Chapter III - Rights of The People

Chapter IV - Economy and Financial Affairs

Chapter V - Right of National Sovereignty

Chapter VI - The Legislative Power

Chapter VII - The Councils

Chapter IIX - The Executive Power

Chapter IX - Foreign Policy

Chapter X - The Judiciary

Chapter XI - The Radio and Television

Chapter XII - National Security Council

Chapter XIII - Revisions and Ammendments to Constitution

 

 

Introduction:

 

 

While respecting the efforts of the united democratic forces of the opposition and the "green" movement, it is up to the democratic seculars - especially the younger generations - to assume the historical role that is bestowed upon them and to take a more proactive role or as the consequence of lack of such organization and leadership, one more time allow our nation to face future set-backs.

 

Envisioning and organizing around the alternative of a free and secular government is exactly what the Iranians need at this historical juncture. Without such visions, discussions, joint interactions and group formations it is nearly impossible to anticipate any effective path that lead to a lasting, democratic and secular alternative.

 

The following proposed 6th draft of an intermediate secular constitution in not presumed to be flawless or final but it is a starting attempt toward a scripted outline for a free and democratic future in Iran and it can serve as an intermediate constitution after the fall of the Islamic Republic and a bridge from 31 years of theocratic dictatorship to a secular democracy. Once a democratic environment; representative of The People is achieved, any possible flaws in the text of this constitution will be discussed openly and freely by the people and their true representatives until a final constitution is eventually drafted.

In addition to a proposed constitution, this document can be referenced for a statement, a joint declaration, a united front and an organizational or group platform.

 

However in order to allow a smooth transition, it is of utmost importance that in the crucial transition period; order and principals of democracy and free speech are observed. Otherwise lacking any structure and democratic rules in place and in a vacuum of power often those opportunists who do not have the best interest of the People may once again take control of the affairs of the nation.  The Iranian revolutions of 1906 and 1979 as well as experiences of other developing countries of Middle East and the world are proofs that in political vacuums often the pre-organized religious and ideological non-democratic forces take over. Therefore it is of utmost importance to be prepared with implementation of interim democratic laws and a constitution that do not once again allow the interference of religious, ideological and autonomic control of the country’s future governments.

 

Background:

 

Reviewing the: Monarchy and Islamic Republic constitutions one can trace their two common denominators:

 

1- The articles and clauses that attempted to transfer the power to The People.

 

2- The articles and clauses that attempted to have the clergy and /or Royals fully control people’s destiny or decisions.

 

Reviewing history and the two Iranian revolutions of 1906 and 1979; despite various influences which twisted the drafts of the two resulting constitutions, one still can easily read the demands and hear the voices and cries for freedom and democracy within their texts and words and can see the bloods that were spilled to form such words and at the same time feel the deceit and the terror that were buried among the pages of the two documents by the elitist whose intention were to control the power. Putting aside the influence and the power of the clergy in both constitutions and their ultimate say over the laws of the nation, one cannot deny the trend from the ultimate Monarchy to constitutional Monarchy in 1906 to a Republic in 1979 within the past 100+ years of Iranian history. However neither of the two constitutions being secular; could not and still cannot represent the needs of Iran and Iranians today.  

 

The prior constitutions of Iran were partially shaped after the constitutions of other countries but at this stage since many articles of prior constitutions have already been tested, instead of revamping the whole existing structure which usually end up in chaos and abuse by those who seek power in a vacuum, it is best that the at least in the beginning the future revised interim constitution remove the undemocratic centers of power and instead install democratic means of representation and reform the rest of the working systems of the country as outlined in the secular constitution.

 

Conclusion:

 

The next evolutionary step for Iranians in their political progress is to completely separate religion from the state and therefore create a secular constitution. In future constitutions all the People are to treated equally in the eyes of the law and no one shall be given more rights than others for one reason or another. 

 

In this evolutionary path and as a first step, this draft attempts to revise the existing constitution of Iran from an Islamic Republic to a secular system, but in addition to deletions of many of its parts such as Supreme Leader, Guardian Council and all of its other religion based centers and articles, in many other areas the words and sentences were changed, edited, revised, deleted and many new articles, sentences and words were added to comply with the goals that are stated in the preamble to the secular constitution.

 

Here are some areas that the resulting constitution may lack or need improvement:

 

Although the following secular constitution provides means for election of provincial councils and governors, however it does come short of determination of internal affairs of each province. The secular constitution same as prior two constitutions does not address potential Federalism which will need to be discussed in future and if necessary put in to provincial referendums.  It is important to note that if Iran ends up to be a Federal government, all the provinces and states, their governors and councils remain to be secular in internal affairs and fully committed to the territorial integrity and the secular constitution of the Federal government.

 

Note:  Here are few important suggestions to the readers:

 

·         Preamble and article 2 of the constitution are important in understanding its overall intent. Reading the constitution in its entirety is also important before drawing any conclusions because some areas of concern in one article may have been addressed in another.

 

·         The key goal of this document is to serve as a template, reference and for education and preventative purposes. It is not necessarily intended to be the exact constitution of the post Islamic Republic Iran. Once written & circulated it needs approval via referenda after appropriate time interval so people can absorb it. That can only be done when appropriate processes and stages have completed and duly elected lawmakers can then go to work within the framework of the constitution. It also is a step in the direction of organizing and gelling the seculars that despite large numbers and capability have yet to organize around a unifying idea, that this document can support.

 

·         If the reader does not believe in a the suggested system for future Iran, s/he still can find many common areas of interest, however as opposed to other forms of government which all in one way or another;  enforce an exclusivity over others,  a secular system remains as the only alternative that is inclusive and encumbrance of other democratic views and possibilities.

 

Acknowledgements:

 

The initial and next drafts of this document were prepared by co-founder of Stop Child Execution; David Etebari and was initially posted on iranin.com for review and opinion of other readers in November 2008. Implementing ideas of many readers over more than one year, the document was revised to the 5th draft presented here

 

As parts of this document are taken from the constitution of Islamic Republic, one cannot overlook the attempt of those progressive elements who did attempt to create some degree of accountability within the autocratic nature of that constitution.

 

Also the author wish to thank Iranian.com for offering its valuable forum where many readers were able to interact and   contribute so many great ideas which helped improve this document  tremendously, They are too many to mention, many of which only known by internet screen names and can be found under comment sections of each draft.

 

Also I thank Ms. Nazanin Afshin-Jam, human rights activist and co-founder of Stop Child Executions for recommendation to Persian2English.com human rights site who so graciously volunteered to take the monumental task of translating this historical document.

 

Most importantly one must thank so many Iranians whom have struggled and still standing for their right to form a free and democratic Iran, many of which were harassed, threatened, beaten, imprisoned, tortured, raped and many no longer among us.

 

For more information visit: www.iransecular.org and http://iransecular.blog.com or email toinfo@iransecular.com

 

March 28, 2010

 

8th day of Persian month of Farvardin of 2550 years after introduction of 1st charter of human rights by Cyrus the Great

 

 

 

 

PREAMBLE

 

We the people of Iran believe in the following principles: 

 

Territorial Integrity

 

We are one nation comprised of different regions, religions, cultures and languages. We proudly believe in and defend the territorial integrity of our ancient country Iran. Our government of the people shall not compromise the territorial integrity of our country.

 

Independence:

 

We determine our own destiny independently. Our country shall remain independent of any foreign forces. Our government of the people shall maintain our independence free of any foreign influences and controls.  We the people of Iran and our government shall respect the independence and integrity of other countries and shall not engage in internal affairs of other nations. Our government shall promote peace with all nations and countries of the world.

 

Separation of Religion and State:

 

We the people of Iran mutually respect our different religions and personal beliefs. Our government of the people will remain separate from any religious institutions and influences and shall not promote or oppose any specific religions or personal beliefs.

 

Freedom of Expression and Information:

 

We the people of Iran have the right to openly express our views and opinions. Our government of the people shall be transparent and provide all safety and securities for open and free exchange of views, opinions and it may not violate the rights to freedom of expression and information under any pretext or circumstances.

 

Gender Equality:

 

We the people of Iran, male and female are equal and have equal rights. Our government of the people shall provide all safety and securities to assure that gender equality is fully exercised and implemented

 

Human Rights:

 

We the people of Iran respect human rights and our government of the people shall assure that the human rights of all Iranians are respected and defended and it shall not violate our human rights under any pretext. Our government of the people shall be formed in compliace with the principals of Universal Declaration of Human Rights and respect the principles of the following universal declarations:

International Covenant on Civil and Political Rights

Convention on the Rights of the Child. 

Convention on the Elimination of All Forms of Discrimination Against Women

Declaration on the Elimination of Violence against Women

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

International Covenant on Economic, Social and Cultural Rights

Clean Environment:

 

We the people of Iran and our government of the people, respect earth, air, water and our natural resources. We will not engage in those activities hazardous to our environment and our future generations and shall enforce policies to create a clean and healthy environment presently and for years to come. 

 

Chapter I

 

General Principles

 

Article 1

 

The system of government in Iran is secular.

 

Article 2

 

The Secular government of Iran is a system based on beliefs in:

 

• Territorial Integrity, Independence and Sovereignty of Iran.

  2. Respect for independence and integrity of other countries and promoting peace with all nations and countries.

  3. Government of the People, By the People and For the People.

  4. Three Independent Branches of Executive, Legislative and Judiciary of the government with limited terms and full accountability and transparency.

  5. No Official Religions and ideologies.

  6. Full separation of Religion and State at all government levels without any exceptions.

  7. Exclusion of clergy, religious groups, parties and organizations from government.

  8. Freedom of Expression, Information, Religions, Beliefs, Media and Assembly.

  9. Equal social and legal rights and opportunity for all Iranians.

  10. Gender Equality without any exceptions.

  11. Presumption of innocence until proven guilty. No political prisoners and prisoners of conscious.

  12. Full guarantee and legal protection of all human, political, economic, social, religious and cultural rights within the scopes of the constitution within the scopes of the Universal Declaration of Human Rights.

  13. Conservation and improvement of environment.

   

Article 3

 

The government of Iran has the duty of directing all its resources to the following goals:

 

• The creation of a favorable social and political environment for the achievement of the above principals.

   

• Raising the level of public awareness of the above principals in all areas, through the proper use of the press, mass media, and other means;

   

• Free education and physical training for everyone at all levels, and the facilitation and expansion of career training and higher education. All public educations shall be secular.

   

• Strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, by establishing research centers and encouraging researchers.

   

• The complete elimination of religion at all levels of government affairs of the country;

   

• The elimination of all forms of despotism and autocracy and all attempts to monopolize power;

   

• Ensuring political and social freedoms within the frameworks 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 discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres;

   

• The creation of a correct administrative system and elimination of superfluous government organizations;

   

• Strengthening of the foundations of national defense by means of 6 months mandatory military training for the sake of safeguarding the independence, sovereignty and the territorial integrity of Iran, maintaining and promoting peace with all nations and countries;

   

• The planning of a just economic system, in order to eliminate poverty and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;

   

• . Emphasis on increase of agricultural, livestock, industrial and technological production and promoting areas of economic strengths while engaging in international and equitable trade agreements in order to secure national needs.

   

   

• Securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law;

   

• Lack of intervention in the affairs of other nations except within the scope of coordination with the United Nations after approval by The People or their representatives.

   

• Framing the internal and foreign policy of the country on the basis of peace with all nations of the world.

   

Article 4

 

In the Secular government of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the Head of Government, the representatives of the National Consultative Assembly (Parliament), members of Provincial Councils of Governors, Provincial, City, Region, District and Village Councils, Governors, Mayors and alike or by means of referenda in matters specified in other articles of this Constitution. Elected or appointed officials are prohibited from practicing nepotism in all forms.

 

Article 5

 

The Provincial Councils, the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative organs of the country. The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.

 

Article 6

 

In the government of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe upon the independence or territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.

 

Article 7

 

Laws, regulations, and pertinent programs must facilitate the formation of family, childcare and to safeguard the stability of family relations and children rights.

 

Article 8

 

The government of Iran is secular and there shall be no official religions or ideologies. The government of Iran shall remain independent of any religious institutions and influences. Government shall not promote any specific religions, ideologies or personal beliefs. In order to secure the Separation of religion and the state, the secular constitution of Iran strictly prohibits participation of any religious based groups and parties in all local, regional, provincial and national institutions of the government. This would also extend to anyone who holds a religious title or leadership, clergy and alike. Religion and religious groups will have freedom to practice their religion peacefully. Individuals within the government may have personal religious preferences but they cannot enforce any religion based laws and restrictions.

 

 Article 9

 

Secular government of Iran observes no official religions for the country. Secular in nature, everyone in Iran is treated the same, regardless of their religion or lack of it. All religions within the limits of the law and without limiting or violating the guaranteed individual and human rights within the constitution are free to perform their religious rights, and to act according to their own canon in matters of personal affairs. The individual and human rights as guaranteed by the constitution shall always prevail and take precedence over religious and ideological preferences and beliefs.  

 

 Article 10

 

 No armed militia or parties are allowed to run for public office, hold government positions or control any public financial resources unless they resign and disarm.

 

 

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

 

Article 11

 

The official language and script of Iran is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script with the goal of minimizing the use of foreign words including Arabic. In addition to Persian, the right to use regional and tribal languages in the press and mass media, as well as teaching of their literature in schools shall be allowed and protected.

 

Article 12
 

 

The official calendar of the country starts its year count , on the year of the declaration of human rights by King Cyrus the Great (539 B.C.) .Government offices will function according to the solar calendar with Iranian months starting the year on the first day of the spring (1st day of Farvardin) . The official weekly holiday is Friday.

 

Article 13

 

The official flag of Iran is composed of green, white and red colors. The choice of a symbol in its center (if any) is to be determined.

 

Chapter III
Rights of the People

 

Article 14

 

All the people of Iran, whatever ethnic group, culture or tribe to which they belong, enjoy equal rights. Color, race, language, religion, culture, gender, sexual preference and the alike, do not bestow any privilege or lack of.

 

Article 15

 

All citizens of the country, both men and women, equally enjoy the protection of the law and equally enjoy all human, political, economic, social, religious and cultural rights within the scopes of the constitution.

 

Article 16

 

The government must ensure the rights of women in all respects and accomplish the following goals:

 

• Protecting and promoting equal rights with men in all areas of individual, family, social and government.

   

• The protection of mothers during pregnancy and childbearing, and the protection of children and their rights;

   

• Establishing competent courts to protect and preserve the family and the legal rights of both parents.

   

• The awarding of guardianship of children to qualified families, in order to protect the interests of the children, in the absence of a legal guardian.

   

Article 17

 

The dignity, human life, property, rights, residence, and occupation of the individual must be protected by the government and the law and may not be violated.  

 

Article 18

 

The investigation of individuals’ beliefs is forbidden, and no one may be interrogated, taken to custody or imprisoned for holding a certain belief. There shall not be any prisoners of conscious or political prisoners.

 

Article 19

 

Publications and the press have freedom of expression within the provisions of the law and their rights to express must be protected by government and the law.

 

Article 20

 

Examination of the contents of, and non-delivery of , letters; recording and divulging of telephone conversations; disclosure of all forms of communications such as emails, telex facsimile, internet, communications; censorship, pruning or non-transmission of messages; tapping and bugging are all forbidden, except in criminal matters ordered by the law .

 

Article 21

 

Political parties, societies, trade unions and religious associations may freely be formed within the scopes of law. No person may be prevented from joining, or compelled to join, one of the above.

 

Article 22

 

Unarmed and peaceful assemblies, protests and marches may freely be organized, and permits must be issued by the government within 72 hours of application.

 

Article 23

 

Every person is entitled to choose the employment s/he wishes, so long as it is not contrary to the rights of others. The Government is bound to create the possibility of obtaining employment and equal opportunities. 

 

Article 24

 

Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, disability, being without a legal guardian, temporary disability, accidents, and occurrences; universal health services providing medical care and treatment and medicine through guaranteed public or private insurance. The Government is bound, in accordance with the laws, to use public revenues and the revenue drawn from individual contributions to provide the services and financial support mentioned above for every citizen and permanent resident of the country.

 

Article 25

 

The Government is bound to make available, free of charge, secular educational facilities for all through high school and technical schools, and to expand free facilities for higher education and career training up to the limits of the country’s own needs and capacity.

 

Article 26

 

Every Iranian individual and family is entitled to a dwelling appropriate to need.  

 

Article 27

 

No person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority. Legal procedures must be initiated as early as possible. Anyone infringing this principle will be punished in accordance with the law.

 

Article 28

 

No person may be ousted from his residence, or forbidden to reside in the locality of his choice, or compelled to reside in a particular locality, unless prescribes by the law.

 

Article 29

 

To ask for justice is the undeniable right of every individual. Everyone must be referred to the competent courts in search of justice. All members of the nation are entitled to have recourse to such courts within their reach. No one may be prevented from recourse to any court to which the law entitles to refer.

 

Article 30

 

In all courts, both parties to the claim are entitled to select a lawyer for themselves. If they do not have the capacity to do this, the means of a lawyer being appointed to act for them must be made available.

 

Article 31

 

A sentence to punishment and its execution must only be by the decision of a competent court, and by the virtue of law.

 

Article 32

 

Innocence is the basic principle.  No person is considered legally guilty, except after the guilt is established in a competent court.

 

Article 33

 

Any kind of torture used to extract an admission of guilt or to obtain information is forbidden. Compelling people to give evidence, or confess or take an oath is not allowed. Such evidence or confession or oath is null and void. Any person infringing this principle is to be punished in accordance with the law.

 

Article 34

 

Aspersion of the dignity of and respect due to any person who has been arrested or put in detention, or imprisoned by command of the law is forbidden in any form, and is liable for punishment.

 

Article 35

 

No person may exercise his own rights as means of constraining others or violating the public interest.

 

 Article 36

 

Affairs of all three branches of the government must be transparent and posted for public access and review through typical means of communications such as but not limited to radio, television, internet and the official gazette. If it is required for national security not to disclose certain information; after the security conditions have ceased to exist, the classified information must be made available to the public review. 

 

Article 37

 

Citizenship of Iran is the unquestioned right of all Iranians. The Government may not deprive any Iranian of his citizenship, except at their own request.

 

Article 38

 

Foreign nationals may within the limits of the law take up Iranian citizenship or permanent residency.

 

Chapter IV

 

Economy and Financial Affairs

 

Article 39

 

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

 

1.  The provision of the basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for individuals and families

 

2. Ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest-free or low interest loans or recourse to any other legitimate means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. These steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth;

 

3. The plan for the national economy, must be structured in such a manner that the form, content, and hours of work of every individual will allow sufficient leisure and energy to engage, beyond professional endeavor, in intellectual, political, and social and individual activities leading to all-round development of self, to take active part in leading the affairs of the country, improve skills, and to make full use of  creativity;

 

4. Respect for the right to choose freely one’s occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another’s labor;

 

5. The prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate practices;

 

6. The prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services;

 

7. The utilization of science and technology, and the training of skilled personnel in accordance with the developmental needs of the country’s economy;

 

8. Protection of a healthy environment in all land, air and water.

 

9. Prevention of foreign economic domination over the country’s economy;

 

10. Emphasis on increase of agricultural, livestock, industrial and technological production and promoting areas of economic strengths while engaging in international and equitable trade agreements in order to secure national needs.  

 

Article 40

 

The economy of Iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning. State sector include national resources and facilities such as oil, gas, water, power, major minerals, roads, railroads, central treasury, primary central bank, national television and radio station(s). The precise scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law.

 

Airwaves of the country are public and can be used by private Radio, Television and other communication services by permission of the government. Foreign governments may not broadcast within the boundaries of Iran.

 

Article 41

 

Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public water-ways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastures, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the government for it to utilize in accordance with the public interest. Law will specify detail procedures for the utilization of each of the foregoing items.

 

Article 42

 

Everyone is the owner of the fruits of own legitimate business and labor, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership.

 

Article 43

 

Private ownership, legitimately acquired, is to be fully recognized, acknowledged and legally respected.

 

Article 44

 

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

 

Article 45

 

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, 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 by furnishing necessary evidence in accordance with the law.

 

Article 46

 

The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public and government responsibility. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.

 

Article 47

 

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

 

Article 48

 

The annual budget of the country will be planned by the government, in the manner specified by law, and submitted to the National Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedures prescribed by law.

 

Article 49

 

All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law. All of the government assets, debts, income and expenditures must be available in details and posted for public review.

 

Article 50

 

The National Audit Agency is to be directly under the supervision of the National Consultative Assembly. Its organization and mode of operation in the country’s capital and at the provincial capitals are to be determined by law.

 

Article 51

 

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

 

Chapter V
Right of National Sovereignty

 

Article 52

 

The powers of government are vested in the Legislature, the Judiciary, and the Executive powers, in accordance with the forthcoming articles of this Constitution. These powers shall remain independent of each other.

 

Article 53

 

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

 

Article 54

 

In extremely important economic, political, social, and cultural matters, the function of the Legislature may be exercised through direct recourse to popular vote by a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of National Consultative Assembly.

 

Article 55

 

The functions of the Executive are to be exercised by the Government Chief and the ministers.

 

Article 56

 

The function of the Judiciary are to be performed by courts of justice, which are to be formed in accordance with the articles of law, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice.

 

Chapter VI
the Legislative Power

 

Section One
National Consultative Assembly

 

Article 57

 

The National Consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot. The qualifications of voters and candidates, as well as the nature of election, will be specified by law.

 

Article 58

 

The term of membership in the National 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 a National Consultative Assembly.

 

Article 59

 

There are to be two hundred seventy members of the National Consultative Assembly which keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period. The Sunni Muslims, Zoroastrians, Jews, Baha’is, Christians, Armenians of north and south of  Iran are each affirmed political representatives based on their percentage of population but no less than one for each. The limits of the election constituencies and the number of representatives will be determined by law.

 

Article 60

 

After holding of elections, the sessions of the National Consultative Assembly are considered legally valid when two-thirds of the total number of members is present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approval of the code of procedure of the Parliament.

 

Article 61

 

The manner of election of the Speaker and the Presiding Board of the National Consultative Assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the Assembly will be determined by the codes of procedure of the Assembly.

 

Article 62

 

Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: I swear to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfill my duties towards the nation and the 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 independence of the country, the freedom of the people, and the security of their interests.

 

Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.

 

Article 63

 

If the elections are not possible to be held in the time of war and the military occupation of the country, elections due to be held in occupied areas or country may be delayed for a specified period if proposed by the  Government Chief , and approved by three-fourths of the total members of the National Consultative Assembly. Until the new Assembly is formed, the previous one will continue to function.

 

Article 64

 

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

 

Article 65

 

The Government Chief, deputies and the ministers have the right to participate in the open sessions of the Assembly either collectively or individually. They may also have their advisers accompany them. If the members of the Assembly deem it necessary, the ministers are obliged to attend, whenever they request it, their statements are to be heard.
 

 

Section Two
Powers and Authority of the National Consultative Assembly

 

Article 66

 

 The National Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.

 

Article 67

 

 The National Consultative Assembly cannot enact laws contrary to the Constitution. 

 

Article 68

 

The interpretation of ordinary laws falls within the competence of the National Consultative Assembly. The intent of this Article does not prevent the interpretations that judges may make in the course of cassation.

 

Article 69

 

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

 

Article 70

 

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

 

Article 71

 

The National Consultative Assembly has the right to investigate and examine all the affairs of the country.

 

Article 72

 

International treaties, protocols, contracts, and agreements must be approved by the National Consultative Assembly.

 

Article 73

 

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

 

 Article 74

 

Declaration of the state of war can be announced by the president or recommended by National Security Council or one fourth of the National Consultative Assembly members. In either event the announcement or recommendation must be approved within 7 days by two third of the members of the National Consultative Assembly in emergency sessions where the president, and members of the National Security Council are present. Such declaration must only be in the cases of self-defense and not as an act of aggression by Iran.

 

Article 75

 

The proclamation of martial law is forbidden. In case of war or emergency conditions only akin to war, the president has the right to impose temporarily certain necessary restrictions, but only with the agreement of the four fifth of the National Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization from the Assembly.

 

Article 76
 

 

The taking and giving of loans or grants-in-aid, domestic and foreign, by the government, must be approved by the National Consultative Assembly.

 

Article 77

 

The granting of concessions to foreigners for the formation of companies or institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely forbidden.

 

Article 78

 

Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the National Consultative Assembly and the president; that too, is not applicable in the case of irreplaceable treasures.

 

Article 79

 

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

 

Article 80

 

The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees. In such cases, 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, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. The government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the National Consultative Assembly for his study and indication that the approvals in question are not inconsistent with the aforementioned rules.

 

Article 81

 

Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes casts in the course of performing their duties as representatives.

 

Article 82

 

The  Government Chief must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.

 

Article 83

 

Whenever at least one-fourth of the total members of the National Consultative Assembly pose a question to the Government Chief , or a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than 30 days in the case of the Government Chief and ten days in the case of the minister, except with an excuse deemed reasonable by the National Consultative Assembly.

 

Article 84

 

Members of the National Consultative Assembly can interrogate the Council of Ministers or an individual minister in instances they deem necessary. Interrogation can be scheduled if they bear the signatures of at least one-fifth of the members. The Council of Ministers or interrogated minister must be present in the Assembly within ten days after the scheduling of the interrogation in order to answer it and seek a vote of confidence. If the Council of Ministers or the minister concerned fails to attend the Assembly, the members who scheduled the interrogation will explain their reasons, and the Assembly has the option to 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 interrogation is dismissed. In both cases, the ministers subject to interrogation cannot become members of the next Council of Ministers formed immediately afterwards.

 

In the event at least one-third of the members of the National Consultative Assembly interrogate the Government Chief concerning his executive responsibilities in relation with the Executive Power and the executive affairs of the country, the Government Chief must be present in the Assembly within one month after the vote of the interrogation in order to give adequate explanations in regard to the matters raised. After hearing the statements of the opposing and favoring members and the reply of theGovernment Chief, two-thirds of the members of the Assembly are required to obtain a vote of no confidence.

 

Article 85

 

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

 

Chapter VII
The Councils

 

Article 86

 

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

 

Article 87

 

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

 

Article 88

 

The Council of the Provinces has the right within its jurisdiction to draft bills and to submit them to the National Consultative Assembly, either directly or through the government. These bills must be examined by the Assembly.

 

Article 89

 

Provincial governors, city mayors, divisional governors, and other officials, also elected by the people every four years must abide by all decisions taken by the councils within their jurisdiction. The election dates for provinces, cities, divisions and villages are every four years and determined by the council.

 

Article 90

 

In order to ensure equity and cooperation in chalking out the programs and to bring about the harmonious progress of all units of production, both industrial and agricultural, councils consisting of the representatives of the workers, farmers, other employees, and managers, will be formed in educational and administrative units, units of service industries, and other units of a like nature, similar councils will be formed, composed of representatives of the members of those units. The mode of the formation of these councils and the scope of their functions and powers, are to be specified by law.

 

Article 91

 

Decisions taken by the councils must not be contrary to the criteria of Constitution and the laws of the country.

 

Article 92

 

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

 

Article 85

 

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

 

Chapter IIX

 

The Executive Power

 

Section One
The Government Chief

 

Article 93

 

The Government Chief is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive.

 

 Article 94

 

 The Government Chief is the commander of all armed forces.

 

 Article 95

 

The Government Chief is elected for a four-year term by the direct vote of the people. Re-election for a second term is permissible only once.

 

Article 96

 

The Government Chief must be elected from individuals possessing the following qualifications:

 

Lived in Iran for at least five years, at least one Iranian parent, Iranian nationality, at least 30 years old, no prior criminal or fraud record and belief in the secular constitution of Iran.

 

Article 97

 

Candidates nominated for the post of Government Chief must declare their candidature officially. Law lays down the manner in which the Government Chief is to be elected.

 

Article 98

 

The Government Chief is elected by an absolute majority of votes polled by the voters. But if none of the candidates is able to win such a majority in the first round, voting will take place a second time the second Friday after the results were announced. In the second round only the two candidates who received the most number of votes in the first round will participate. If, however, some of the candidates securing most votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater number of votes than all the remaining candidates.

 

Article 99

 

Responsibility for the supervision of the election of the Government Chief to be constituted by law.

 

Article 100

 

The election of a new Government Chief must take place no later than two months before the end of the term of the outgoing Government Chief. In the interim period before the election of the new Government Chief and the end of the term of the outgoing Government Chief, the outgoing Government Chief will perform the duties of the Government Chief.

 

Article 101

 

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

 

Article 102

 

The Government Chief must take the following oath and affix his signature to it at a session of the National Consultative Assembly in the presence of the head of the judicial power

 

 “In the presence of the people of Iran, I swear that I will guard the secular constitution of Iran; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, and the support of truth and justice. I will protect the freedom and dignity of all citizens and the rights that the Secular Constitution of Iran has accorded the people; in protecting the frontiers and the political, economic, and cultural independence of the country, I will guard the authority vested in me by the people as a sacred trust, and peacefully transfer all the power to whomever the people may elect after me.”

 

 Article 103

 

The Government Chief, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people and the National Consultative Assembly.

 

Article 104

 

The Government Chief is obliged to sign legislation approved by the Assembly or as result of referendums, 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 105

 

The Government Chief may have deputies for the performance of his constitutional duties. With the approval of the Government Chief, the first deputy of the Government Chief shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.

 

Article 106

 

The Government Chief or his/her legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the National Consultative Assembly.

 

Article 107

 

The Government Chief is responsible for national planning, budget, employment affairs and may entrust the administration of these to others.

 

Article 108

 

In special circumstances, subject to approval of the Council of Ministers, the Government Chief may appoint one or more special representatives with specific powers. In such cases, the decisions of his/her representative(s) will be considered as the same as those of the Government Chief and the Council of Ministers.

 

Article 109

 

The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the Government Chief. The Government Chief signs the credentials of ambassadors and also receives the credentials presented by the ambassadors of the foreign countries.

 

Article 110

 

The award of national medals and decorations is a prerogative of the Government Chief.

 

Article 111

 

The Government Chief shall submit his resignation to the National Consultative Assembly and shall continue performing his duties until his resignation is accepted and his duties are assigned to first deputy or until the new president is elected.

 

Article 112

 

In case of death, dismissal, resignation, absence, or illness lasting longer than two months of theGovernment Chief, or when his/her term in office has ended and a new Government Chief has not been elected due to some impediments, or similar other circumstances, his/her first deputy shall assume, the powers and functions of the Government Chief. The Council, consisting of the Speaker of the National Consultative Assembly, head of the judicial power, and the first deputy of the Government Chief, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the first deputy to the Government Chief, or other matters which prevent him/her to perform his duties, or when theGovernment Chief does not have a first deputy, the Speaker of the Assembly shall assume this responsibility until election.

 

Article 113

 

During the period when the powers and responsibilities of theGovernment Chief are assigned to his/her first deputy or the other person in accordance with Article 131, neither can the ministers be impeached nor can a vote of no-confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum is held.
 

 

Section Two
The Government Chief and the Ministers

 

Article 114

 

Ministers will be appointed by the Government Chief and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each will be determined by law.

 

Article 115

 

The Government Chief  is the head of the Council of Ministers. S/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, s/he determines the program and policies of the government and implements the laws. In the case of discrepancies, or interference in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request Government Chief is responsible to the Assembly for the actions of the Council of Ministers.

 

Article 116

 

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 impeachments, 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 Government Chief, and the Council of Ministers shall continue to function until such time as the new government is appointed.

 

The Government Chief can appoint a caretaker for a maximum period of three months for the ministries having no minister.

 

Article 117

 

The Government Chief can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the Assembly.

 

Article 118

 

Each of the ministers is responsible for his duties to the President and the Assembly, but in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.

 

Article 119

 

In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within its jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law. The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement of the Government Chief.

 

The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the National Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.

 

Article 120

 

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

 

Article 121

 

Allegations of common crimes against the Government Chief, his deputies, and the ministers will be investigated in common courts of justice with the knowledge of the National Consultative Assembly.

 

Article 122

 

The Government Chief, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the National Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private or public company. Teaching positions in universities and research institutions are exempted from this rule.

 

Article 123

 

The assets of the Government Chief, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judiciary, in order to ensure they have not increased in a fashion contrary to law. During the term of public service, all of their business trades must be disclosed and subject to investigation.

 

CONTINUE