The Constitution of the Islamic Republic of Iran

Approved in 1980 - Revised in 1989

PART EIGHT - The Guide or the Guide's Council

Article 107

After the Grand Ayatollah Imam Khomeyni, source of imitation in the field of Islamic jurisprudence (Marja Taqlid), Supreme Leader of the Islamic World Revolution and Founder of the Islamic Republic of Iran, elected as Marja and Supreme Leader by the vast majority of the population, the the choice of the Supreme Leader is entrusted to the Council of Experts, whose Members are elected by the people. The Council of Experts will initiate appropriate investigations and consultations to verify the competence of all Islamic jurists32 who have the requisites established by Art. 5 and 109 of this Constitution. If he recognizes one of the candidates as superior to the others in one of the fields of Islamic jurisprudence or politics, or superior from the point of view of popularity or any other ability mentioned in Art. 109, will decree his appointment as Guide. Alternatively, he will choose one of the candidates and decree his appointment as Guide. The Supreme Guide chosen by the Council of Experts33 assumes the responsibility of Wilayat-il-Amr and all the responsibilities associated with this role. The Supreme Guide is equal to all before the law.

Article 108

The law that establishes the number and qualifications of the members of the Council of Experts, the methods for their election, the regulations of the sessions of their Council, limited to the first period of activity, will be drafted and approved by the majority of the Islamic jurists members of the first Council of Guardians, and ratified by the Guide. For periods of activity subsequent to the first, any change or revision of this law will be the responsibility of the Council of Experts34.

Article 109

The requirements and qualifications of the Supreme Guide are as follows: a) scientific competence to issue sentences of religious law (fatwa) in any question of Islamic jurisprudence; b) be righteous and God-fearing to lead the Islamic Community; c) political and social perspicacity, courage, and appropriate administrative skills. In the event of the presence of more candidates with the necessary requisites, priority goes to the candidate with the greatest political and legal perspicacity. 

Article 110

The prerogatives and duties of the Supreme Leader are as follows35: 1) to determine the general policies of the Islamic Republic of Iran after consulting the Council for the Discernment of the State's Higher Interest; 2) supervise the proper execution of general state policies; 3) call referendums; 4) Supreme Commander of the Armed Forces; 5) declaration of a state of war and peace, and mobilization of the Armed Forces; 6) appointment, dismissal and acceptance of the resignation of the following offices: a) Islamic jurists who are members of the Guardian Council b) Supreme judicial authority c) President of the Radio-Television of the Islamic Republic of Iran d) Chief of Defense Staff e) General Commander of the Guards of the Islamic Revolution f) General Commander of the Armed Forces and Law Enforcement Corps
            7) resolution of relevant and controversial issues and coordination between the legislative, executive and judicial powers; 8) resolution of the relevant and controversial issues of the State through the Council for the Discernment of the State's Higher Interest in the event that it is not possible to resolve them with the solutions already provided; 9) signature of the decree formalizing the successful election of the President of the Republic by the people. The conditions of eligibility of candidates for the Presidency of the Republic, in accordance with the Constitution, will be confirmed by the Guardian Council before the elections themselves; for the first term of the Presidency they were confirmed by the Supreme Leader; 10) dismissal of the President of the Republic, in consideration of national interests, after the Supreme Court has with its own sentence declared him guilty of violation of his constitutional duties, or after the Islamic Assembly has voted a declaration of his political incompetence in accordance to Art. 89; 11) granting of pardons or remission of penalties, according to Islamic criteria, on the proposal of the President of the Judicial Body. The Supreme Guide can delegate some of his powers and offices to other people.

Article 111

In the event that it is shown that the Supreme Guide is unable to fulfill his constitutional duties or no longer meets one of the requirements established in Art. 5 and 109, or it emerges that from the beginning he lacked some of the necessary requirements, he will be dismissed from office. The task of verifying and decreeing such incompetence is the responsibility of the Members of the Council of Experts mentioned in Art. 108. In the event of the death, dismissal or resignation of the Guide, the Experts have the duty to appoint and present the new Supreme Guide as soon as possible. Pending the appointment, a Council composed of the President of the Republic, the President of the Judicial Body and one of the jurists of the Council of Guardians elected by the Council for the Discernment of the Higher Interest of the State, temporarily assume all the duties of the Supreme Guide. , and in the event that one of them proves incapacity to fulfill his duty, he will be replaced by another person elected by the Council for the Discernment of the Higher Interest of the State, with the consent of the majority of the Islamic jurists who are members of the Council of Guardians. The provisional council, regarding the duties conferred by paragraph 1, 3, 5 and 10 and points "d", "e" and "f" of paragraph 6 of Art. 110, acts only after the consent of three quarters of the members of the Council for the Discernment of the Higher Interest of the State. article will assume the responsibilities and duties of the Guide.

Article 112

The Council for the Discernment of the Higher Interest of the State is convened on the order of the Supreme Guide in the event that the Council of Guardians ascertains the illegality of the approvals of the Islamic Assembly as they do not comply with Islamic law or the Constitution, 'Islamic Assembly in accordance with the interest of the state rejects the opinion of the Guardian Council. It is also summoned to consult the affairs presented to it by the Supreme Guide and to fulfill all the duties conferred on it by this law.All members of the Council for the Discernment of the Superior Interest of the State, permanent or otherwise, are elected by the Supreme Guide: The regulations concerning the Council for the Discernment of the Higher Interest of the State will be determined by the Council itself and approved by the Supreme Guide.