The Constitution of the Islamic Republic of Iran
Approved in the 1980 - Revised in the 1989
PART SESTA - Legislative Power
First Section: the Islamic Assembly
The Islamic Assembly17 consists of representatives of the people elected directly by the people by secret ballot. The electoral and candidate requirements and the methods of the elections will be determined according to the law.
Representatives of the Islamic Assembly remain in office for four years18. The elections for each new term must take place before the previous legislature has come to an end, so the Islamic Republic is never without an Islamic Assembly.
The Islamic Assembly is composed of two hundred and seventy representatives, and after the 1368 referendum, every ten years, if the population of the country increases, considering the geographical, political and social conditions, an additional representative will be added, up to a maximum of twenty. The Zoroastrians and the Jews will elect, respectively, a Representative; Assyrian Christians and Chaldean Christians will elect a common Representative; the Armenian Christians will elect a Representative for the North and one for the South. The number of representatives and the limits of the electoral constituencies are established by law.
After the elections, the sessions of the Islamic Assembly are considered valid when the legal attendance number equivalent to two thirds of the Representatives is reached. The ratification of projects and draft laws takes place in accordance with the internal regulations approved by the Assembly itself, except in cases where the Constitution provides for a special quorum. A two-thirds majority is required for the approval of internal regulations.
The modalities concerning the election of the President of the Assembly and of the Presidium19, the number of internal commissions and the duration of their office, and the matters concerning the methods of deliberation and the discipline of the Assembly are established by the internal regulations of the same Assembly20 .
The Representatives of the Assembly, on the occasion of the first session, must take an oath and sign the following text: "With the Name of God Clement and Merciful, I swear before the Almighty, on the Holy Quran and on my honor to commit myself to defend the sanctity of Islam and the fruits of the Islamic Revolution, of the Iranian people and the principles of the Islamic Republic, to honor with fidelity and justice the mandate that the people entrusted to us, to fulfill with loyalty and devotion the duties of Representative of the people, to defend firmly the independence and honor of the country, to safeguard with the utmost commitment the rights of all citizens, to always be at the service of the people, to protect the integrity of the Constitution, and to maintain as my sole reference, both in words both in the writings, the independence of the country, the freedom of the people and the guarantee of its well-being. "Representatives of religious minorities take an oath on their due to Sacred Books. Representatives who did not attend the inaugural session of the Assembly are sworn in during the first session in which they take part.
In times of war and military occupation of the country, at the initiative of the President of the Republic and after the approval of three quarters of the total Representatives of the Assembly and the assent of the Council of Guardians, the elections are suspended in the occupied regions or in all the territory, for a limited period. In the event that a new Shareholders 'Meeting is not formed, the previous Shareholders' Meeting remains in office and continues its activity.
The debates of the Islamic Assembly must be public, and the Radio and the Official Journal of the State must give a complete report21. In emergency situations, when national security requires it, at the request of the President of the Republic, one of the ministers or ten Representatives of the Assembly, a session will be held behind closed doors. The legislative acts of the Assembly passed during closed sessions take on value only if approved by the three quarters of the Representatives and in the presence of the Council of Guardians. Once the emergency situation has ceased, the full account of the debates held behind closed doors must be brought to the attention of the public opinion22.
The President of the Republic and the ministers, individually or collectively, have the right to participate in the open sessions of the Assembly and may be accompanied by their respective councilors. The President of the Republic, the Vice-Presidents and the ministers are obliged to attend the sessions of the Assembly if the Representatives deem it necessary, and are listened to if they ask to speak. The request to the President to attend the session of the Islamic Assembly is subject to the approval of the majority of the Representatives.
Second Section: Powers and responsibilities of the Islamic Assembly
The Islamic Assembly can legislate in all fields, within the limits established by the constitutional law.
The Islamic Assembly can not legislate contrary to the principles and norms of the Constitution, or of the official religion of the State. The task of verifying the application of this principle is entrusted to the Guardian Council23, according to the procedures set out in Art.96.
The interpretation of ordinary laws falls within the jurisdiction of the Islamic Assembly. However, this article does not conflict with the magistrate's task of interpreting the laws in the exercise of his function.
The bills of governmental emanation, after approval by the Council of Ministers, are submitted to the Islamic Assembly. The bills and the proposals presented at the initiative of at least fifteen Assembly Representatives are submitted to parliamentary debate24.
The motions, the proposals and the amendments to the bills, presented by the Representatives of the Islamic Assembly, and which imply a decrease in State revenues or an increase in general expenses, are susceptible of debate in the Assembly only when said motions, proposals and amendments include the explicit indication of the ways and means by which the decrease in income and the increase in expenditure are to be addressed.
The Islamic Assembly has the right to promote inquiries and carry out checks on every business in the country.
International treaties, protocols, contracts and agreements must be approved and ratified by the Islamic Assembly.
Any change to national borders is prohibited, except in the case of irrelevant changes compatible with the interests of the nation, provided that they are not of a unilateral nature and do not affect the independence and territorial integrity of the country, and receive the approval of the four fifths of Representatives elected in the Islamic Assembly.
The declaration of martial law and the establishment of a military government is prohibited. In case of war and in similar situations of emergency, the Government will be authorized to adopt temporary measures and limitations, with the approval of the Islamic Assembly, but the period of validity of such urgent measures can not exceed thirty days. Should the emergency last beyond this deadline and the measures taken must remain in force, the Government will have to ask the Islamic Assembly for a new authorization.
The granting or extension of loans, grants and subsidies requested without consideration abroad and within the country by the Government must be approved by the Islamic Assembly.
It is strictly forbidden to grant foreigners the possibility of setting up companies or foundations or companies with public ownership in the commercial, agricultural, industrial, mining and XNXX services sectors.
The assumption of foreign experts by the Government is prohibited except in cases where their work is absolutely indispensable. This assumption can not however take place without the approval of the Islamic Assembly.
The buildings and state properties that constitute the heritage of the nation can not be alienated except with the approval of the Islamic Assembly, and only when they are not unique.
Each member of the Assembly is individually accountable before the nation, and by virtue of his office he has the right to express his opinion regarding any matter that concerns the country internally and internally26.
The office and function of Representatives of the Islamic Assembly are personal and can not be transferred to others. The Islamic Assembly can not delegate its legislative power to another person or organism. However, whenever this becomes necessary, in compliance with Art. 72, the Assembly can delegate to its internal commissions the task of drafting some laws. In this case, the laws thus prepared will come into force as provisional measures and will remain in force for a specific period of time and approved by the Assembly. Their final approval will be up to the Islamic Assembly.The Islamic Assembly, in compliance with Art. 72, can delegate to its internal commissions the task of definitive approval of the statute of organizations, companies, state institutions or state employees or to commission the government for such approvals. In this case, government approvals must not be in contrast with the foundations and norms of the official religion of the country or with the Constitution. The verification of conformity of such approvals, in compliance with Art. 96, is the responsibility of the Guardian Council. Government approvals must also be in accordance with the general law of the country. To verify the conformity of the approvals with the law, these must be presented to the President of the Islamic Assembly.
The Representatives of the Islamic Assembly in the performance of their function are absolutely free to express their opinion and to cast their vote, and can not be prosecuted or arrested because of opinions expressed in the Assembly or because of the votes cast as representatives of the Islamic Assembly.
The President of the Republic, after choosing his ministers and before undertaking any other initiative, must obtain the vote of confidence of the Islamic Assembly for his government. In addition, during the period in which he remains in office, he may request the vote of confidence of the Assembly on relevant and controversial issues and for the formation of the Council of Ministers.
Whenever a quarter of the Representatives of the Islamic Assembly sends a question to the President of the Republic, or a Representative of the Islamic Assembly asks a minister about matters concerning the latter's responsibilities, the requested person has the obligation to present before the Islamic Assembly and provide the appropriate answers within a maximum period of ten days for ministers and one month for the President of the Republic, a period susceptible to extension only for well-founded reasons and at the discretion of the Islamic Assembly.
1 - In certain cases, when deemed necessary, the representatives of the Islamic Assembly can promote and submit the Council of Ministers or an individual minister to a motion of no confidence. The motion of no confidence can be discussed by the Islamic Assembly only when it is advanced in writing and signed by at least ten representatives. The Council of Ministers or the minister in question must present themselves before the Assembly within ten days from the presentation of the motion, answer the questions raised and ask for a vote of confidence. In the event that the Council of Ministers or the Minister does not appear to respond to the motion, the Representatives will provide clarifications on the motion submitted and the Islamic Assembly may, at its discretion, ratify a vote of no confidence. If the Islamic Assembly does not grant its vote of confidence, the Council of Ministers or the requested minister will be removed from their respective positions. In both cases the individual ministers subject to the motion of no confidence can not be part of the new Council of Ministers that will be constituted to succeed the previous one. 2 - In the event that at least a third of the Representatives of the Islamic Assembly submit the President of the Republic to motion of no confidence to respond to the cases of his responsibility as President of the executive power, the President of the Republic must present himself to the Assembly within one month of submitting the motion of no confidence and respond adequately to the issues raised. In the event that the majority of two thirds of the Representatives of the Islamic Assembly, after having listened to the words of the President of the Republic and those of the Representatives for and against the motion of no confidence, will vote a declaration of incompetence of the President of the Republic, in compliance with the 10 point of the Art.110, the matter will be presented to the Supreme Guide.
Anyone who believes that they must challenge the functioning of the Islamic Assembly, the Executive or the structures of the Judicial System, may forward their grievances to the Islamic Assembly, which has the duty to investigate and respond appropriately. In cases where the dispute concerns the Executive Power or the Judicial Power, the Islamic Assembly entrusts them with the task of carrying out investigations and providing adequate answers, and communicates the result within a reasonable period of time. If the object of the grievance is considered to be of general interest, the result is made public by the Islamic Assembly.
In order to protect the Constitution and Islamic principles, ensuring that no legislative act ratified by the Islamic Assembly is in conflict with them, a Guardian Council is established consisting of the following members: 1. Six qualified Islamic Jurispruders (fuqaha), experts in Islamic Law, knowers of the needs of the contemporary world and of the conveniences of the present time. The appointment of these six Members is the prerogative of the Supreme Guide. 2. Six expert and qualified jurists in the various branches of law, chosen from those of Islamic faith, proposed to the Islamic Assembly by the President of the Judicial Organ27 and appointed by vote of the Assembly itself.
Members of the Guardian Council are elected and remain in office for six years. Only for the initial period of activity, after the first three years of validity, half of the members of each of the two groups of Jurists, selected by drawing lots, is replaced by an equal number of new elected28 members.
When the Guardian Council is not constituted, the Islamic Assembly has no power to legislate, except in cases of ratification of the Assembly's mandate and election of the six Jurists members of the Council of Guardians.
All legislative acts ratified by the Islamic Assembly must be submitted for examination by the Guardian Council. The Council of Guardians, within a period of ten days, must verify that the content of each legislative act does not conflict with Islamic principles and with the principles of the Constitution. If cases of non-compliance with the aforementioned principles are identified, the legislative act in question is referred to the Islamic Assembly for review. If, however, the legislative act is compliant, it enters into force and is susceptible to application29.
The Council of Guardians, if it considers that ten days constitute an insufficient period of time for the completion of the verification of a legislative act, can ask the National Assembly for an extension of a further ten days, adequately motivating this request.
The opinion favorable to the conformity with Islamic principles of a legislative act ratified by the Islamic Assembly is valid when expressed by the majority of the religious Jurists members of the Council of Guardians. The opinion in favor of the conformity of a legislative act with the Constitution is valid when expressed by the majority of all twelve members of the Council of Guardians.
Members of the Guardian Council may attend the sessions of the Islamic Assembly when government bills are discussed in order to speed up the timetable. However, when the Islamic Assembly inserts a draft law with urgent or emergency characteristics on the agenda, the Members of the Guardian Council are obliged to be present at the meeting and to express their opinion regarding the text examined.
The interpretation of the Constitution is the prerogative of the Guardian Council, which decides with the majority of three quarters of its members.
The Guardian Council is entrusted with the supervision of the elections of the Assembly of Experts, of the President of the Republic, of the elections of the Representatives of the Islamic Assembly and of the referendum30.