The Constitution of the Islamic Republic of Iran
Approved in the 1980 - Revised in the 1989
PART EIGHT - The Guide or the Guide Council
After the Great Ayatollah Imam Khomeyni, a 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 overwhelming majority of the population, the choice of the Supreme Guide is entrusted to the Council of Experts, whose members are elected by the people. The Council of Experts will start the appropriate investigations and consultations to verify the competence of all the Islamic jurists32 that have the requisites established by the Art. 5 and 109 of the present Constitution. If you recognize one of the candidates superior to others in one of the fields of Islamic jurisprudence or politics, or higher from the point of view of popularity or any other capacity mentioned in Art. 109, will decree the appointment to Guide. Alternatively, he will choose one of the candidates and declare his appointment as a guide. The Supreme Leader chosen by the Council of Experts33 assumes responsibility for Wilayat-il-Amr and all responsibilities associated with this role. The Supreme Leader is equal to all before the law.
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.
The requirements and qualifications of the Supreme Guide are as follows: a) scientific competence to issue religious law sentences (fatwa) in any matter of Islamic jurisprudence; b) to be just and God-fearing to lead the Islamic Community; c) perspicacity in the political and social field, courage, and appropriate administrative skills. In the presence of several candidates having the necessary requisites, priority goes to the candidate with the greatest political and legal perspicacity.
The prerogatives and duties of the Supreme Guide are the following35: 1) to determine the general policies of the Islamic Republic of Iran after consulting the Council for the Discernment of the Higher Interest of the State; 2) to supervise the correct execution of the general policies of the State; 3) to call Referendums; 4) Supreme commander of the Armed Forces; 5) declaration of the 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 members of the Guardian Council b) Supreme Judicial Authority c) President of the Radio-Television of the Islamic Republic of Iran d) Chief of Staff of Defense e) General Commander of the Guards of the Islamic Revolution f) General Commander of the Corps of the Armed Forces and Law Enforcement
7) resolution of relevant and controversial issues and coordination between Legislative, Executive and Judicial powers; 8) resolution of the relevant and controversial issues of the State through the Council for the Discernment of the Higher Interest of the State in the event that it is not possible to resolve them with the solutions already provided; 9) signature of the decree formalizing the 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 Council of Guardians before the elections themselves; for the first period of the Presidency they were confirmed by the Supreme Guide; 10) dismissal of the President of the Republic, in consideration of national interests, after the Supreme Court has with its own sentence convicted of violating its constitutional duties, or after the Islamic Assembly has voted a declaration of its political incompetence in accordance Art. 89; 11) granting pardon or amnesty according to Islamic criteria, on the proposal of the President of the Judicial Authority. The Supreme Guide can delegate some of his powers and responsibilities to other persons.
In the event that it proves that the Supreme Guide is unfit to fulfill its constitutional duties or no longer meets one of the requirements set forth in Art. 5 and 109, or it emerges that from the beginning he lacked some of the necessary requisites, 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 case of death, dismissal or resignation of the Guide, the Experts have the duty to nominate and present the new Supreme Guide as soon as possible. Pending appointment, a Council composed of the President of the Republic, the President of the Judicial Authority and one of the Council of Guardians jurists elected by the Council for the Discernment of the Higher State Interest, provisionally assume all the duties of the Supreme Leader and in the event that one of them proves incapacity to fulfill his duty 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 members of the Guardian Council. The provisional board, regarding the duties conferred by the paragraph 1, 3, 5 and 10 and the points "d", "e" and "f" of the paragraph 6 of the Art. 110, acts only after the consent of the three quarters of the Members of the Council for the Discernment of the Higher State Interest. In the case of temporary disability of the Supreme Guide to fulfill his duties due to illness or otherwise, the temporary council mentioned in this article will assume the responsibilities and duties of the Guide.
The Council for the Discernment of the Higher Interest of the State is convened by order of the Supreme Leader in the event that the Guardian Council ascertains the illegitimacy of the approvals of the Islamic Assembly as they do not comply with the Islamic Law or the Constitution, while The Islamic Assembly, in accordance with the interests of the State, rejects the opinion of the Council of Guardians. He is also called to consult the affairs presented to him by the Supreme Guide and to fulfill all the duties conferred upon him by the present law. All the members of the Council for the Discernment of the Higher Interference of the State, permanent or otherwise, are elected by the Suprema Guide. Regulations regarding the Council for the Discernment of the Higher Interest of the State will be determined by the Council itself and approved by the Supreme Leader.