The Constitution of the Islamic Republic of Iran
Approved in the 1980 - Revised in the 1989
PART NONA - Executive Power
First Section: The Presidency and Ministers
The Presidency of the Republic is the highest official office in the country after that of the Supreme Leader. The President of the Republic is responsible for the execution of the Constitutional Law, and directs the executive power except in cases of direct responsibility of the Guida36.
The President is elected directly by the population and remains in office for four years. His re-election is allowed for only one consecutive period to the first.
The President is elected among the prominent religious and political figures who possess the following requisites: Iranian origin by birth of Iranian parents, Iranian nationality, managerial skills witnessed by previous experience, reliability and virtue, loyalty to the principles of Islamic Republic of Iran and of the State religion.
Those who aspire to the election for President must officially present their candidacy before the beginning of the elections. The rules on how to conduct the elections will be determined by a specific law.
The President is elected by an absolute majority of votes. However, if in the first electoral round none of the candidates obtains such a majority, a second round of voting is called on Friday the following week, and only the two candidates who obtained the highest number of votes in the first round can participate in the second election. . Similarly, in the event that one or more of the candidates who obtained the highest number of votes in the first round withdrew their candidacy, the remaining candidates would be admitted to the second round of voting by the two who obtained the most votes in the previous vote .
Pursuant to Art. 99 of this Constitution, the responsibility of controlling the conduct of the presidential election lies with the Guardian Council. In the period prior to the formation of the first Council of Guardians, the task will be entrusted to an organization set up by law.
The election of the new President must take place at least one month before the previous presidential term ends. In the interval between the election of the new President and the conclusion of the mandate of his predecessor, the presidential duties are the responsibility of the President previously in office.
In the event that in the ten days preceding the election the death of one of the candidates for the office of President occurs, whose eligibility has already been verified on the basis of this Constitution, the election itself is postponed by two weeks. The same procedure applies if, during the interval between the first and second round of voting, the death of one of the two candidates who obtained the highest number of votes in the first electoral round occurs.
The President of the Republic elected takes the oath before the Islamic Assembly in a special session in the presence of the President of the Judicial Authority and the Members of the Guardian Council, signing his signature at the bottom of the following text: "With the Name of God Clemente and Merciful I subtracted, as President of the Republic, before the holy Qur'an and in front of the Iranian people, I swear to God Almighty and Almighty to defend the official religion of the State, the Islamic Republic and the Constitution of the country; to consecrate all my strength and ability to respect and fulfillment of my responsibilities; to dedicate myself to the service of the people and to the dignity of the country, to the spread of religion and morality; to protect the law and to spread justice; to abstain from any will; to safeguard the freedom and dignity of individuals and the rights of the people recognized to all individuals by the Constitution; not to spare any effort in defending and guarding the borders of the country while protecting its political, economic and cultural independence. With the help of God and following the example of the Prophet of Islam and the Puri Imam (peace be with them), I swear to honor with honesty and dedication the mandate that the people entrusted to me in sacred pledge and to transmit it to who will be chosen by the people after me ".
The President of the Republic, within the limits of his powers and the duties conferred on him by the Constitution or by ordinary laws, is responsible for his actions before the people, the Supreme Leader and the Islamic Assembly.
The President countersign the laws approved by the National Assembly and the results of the referendums after they have followed the prescribed procedure and have been submitted to the President. The President then sends them to the competent authorities responsible for their execution.
The President of the Republic in the performance of his duty can choose Vice-Presidents. The First Vice-President, in agreement with the President of the Republic, directs the Council of Ministers and is in turn responsible for coordinating the activities of the other Vice-Presidents. Article 125The President, or his legal representative, is in charge of the signing of the treaties, of the agreements, of the agreements stipulated by the Government of Iran with the Governments of other States, as well as of the agreements reached in the International Bodies, upon approval by the Islamic Assembly.
The President of the Republic has direct responsibility for the economic and financial planning and administrative affairs of the country, and has the power to delegate the administration of the latter to others.
The President of the Republic, in the necessary case and with the approval of the Council of Ministers, may appoint one or more special representatives with predefined powers. In this case all the decisions of the representative will have the same value as those of the President of the Republic or the Council of Ministers.
The Ambassadors will be appointed on the proposal of the Minister of Foreign Affairs and with the approval of the President of the Republic. The President signs the credentials of the Iranian ambassadors destined in other states and receives the credentials presented by the foreign ambassadors in Iran.
It is the prerogative of the President to confer the State's honorary acknowledgments.
The President of the Republic gives his resignation to the Supreme Leader and continues to perform his duties until his resignation is accepted.
In the event of death, resignation or dismissal of the President of the Republic, or in the case of illness in which his absence continues beyond the period of two months, or in the event that his term ends and for some obstacles the new President, his First Vice-President, with the consent of the Guide, has the duty to carry out the duties of the President of the Republic and a council composed of the President of the Islamic Assembly, the President of the Judicial Authority and the First Vice-President has the task of arrange for the election of the new President within a maximum period of fifty days; in the event of the death of the First Vice President or incapacity to fulfill his duties, or in the event that the President of the Republic has not chosen the First Vice President, the Supreme Leader will entrust the task to another person.
In the period in which the presidential office is assumed by the First Vice-President or by another person elected in accordance with Art. 131, the motion of no confidence against the ministers can not be filed or the vote of no confidence towards any minister proposed, nor is it possible to proceed with revisions of the Constitution or to propose a referendum.
The ministers are chosen by the President of the Republic and presented to the Islamic Assembly to receive a vote of confidence. With the renewal of the Assembly it is not necessary to ask again the vote of confidence. The number of ministers and the scope of their respective competences and jurisdictions are determined by the specialXXUMX law.
The Council of Ministers is chaired by the President of the Republic, who supervises the activities of the ministers themselves, adopts the necessary measures to coordinate government decisions - in collaboration with ministers - and applies the law.In case of disagreement or dispute in duties statutory bodies, provided that it is not necessary to interpret or change the law, the decision of the Council of Ministers approved by the President of the Republic is enforceable.The President of the Republic is responsible for his work in the performance of the functions of the Council of Ministers before the Assembly Islamic.
Ministers remain in office until dismissal and until they have the confidence of the Assembly38. The Council of Ministers, or each minister, presents his resignation to the President of the Republic. The Council of Ministers remains in office until the formation of a new Council of Ministers. The President of the Republic can appoint a person responsible for a maximum of three months to fulfill the duties of each Ministry without a minister.
The President of the Republic has the power to dismiss ministers. The new minister must therefore obtain the vote of confidence of the Islamic Assembly. In the event that, after the Council of Ministers has obtained the vote of confidence of the Assembly, half of the ministers are replaced, the government must again ask for the confidence of the Assembly.
Each minister is responsible, before the Assembly and the President of the Republic, for his work in the performance of his functions, and in the case of decisions taken by the Council of Ministers, he is also responsible for the work of the other ministers.
In addition to cases in which the Council of Ministers or a single minister are competent and responsible for the preparation of the executive law regulations, the Council of Ministers has the right to issue decrees and regulations for the performance of administrative functions, for the application of laws and for the organization of administrative bodies. Each minister, within the scope of his functions and decrees of the Council of Ministers, has the power to draw up regulations and issue circulars whose content must not be contrary to the letter and the spirit of the law. The government has the right to grant the approval of some business related to his duties to commissions composed of ministers; said approvals will be enforceable after the approval of the President of the Republic, provided they are legally licit. The decrees, regulations and approvals of these commissions, as well as being published, will be presented to the President of the Islamic Assembly who, if he considers them contrary the law, in turn, refers them to the Council of Ministers for the revision.
Any proposal to resolve disputes concerning public or government property or to refer the same issues to an arbitration is subject to the approval of the Council of Ministers, and must be communicated to the Islamic Assembly. In the event that the counterparty in the dispute is foreign, or the matter assumes significant internal importance in the general interest, approval by the Islamic Assembly is necessary. The importance of individual cases is specified by a specific law.
If the President of the Republic, his Vice-Presidents or one of the ministers are accused of committing ordinary crimes, the judicial proceedings are the responsibility of the ordinary Court. The Islamic Assembly must be informed of this procedure.
The President, the Vice-Presidents, the ministers and the employees of the State can not carry out more than one state work, nor can they carry out any other activity in institutions or organizations whose capital is wholly or partly owned by the government or by public institutions. Furthermore, they can not work as lawyers in judicial courts, as legal advisers, Representatives in the Islamic Assembly, or hold the office of president, administrative director, or board member in any kind of private company, except the cooperative societies of institutions and foundations. The prohibition does not apply to educational assignments in universities and research institutes.
The patrimony of the Guide, the President of the Republic, the Vice-Presidents, the government ministers, their wives and their children are subjected to the inspection of the President of the Judicial Authority before taking office and after the end of the mandate, to verify that no property has been acquired illegally.
Third Section: The Army and the Corps of Revolutionary Guardians
The army of the Islamic Republic of Iran has the task of defending the independence and territorial integrity of the country and of protecting the nation's Islamic republican system.
The army of the Islamic Republic of Iran is an Islamic army, with a popular and ideologically inspired base; it will recruit competent people, faithful to the ideals of the Islamic Revolution and ready to sacrifice for their realization.
No foreigner can be recruited in the army or in the police force of the country.
The installation in Iran of foreign military bases is also forbidden even when proposed for peace purposes.
In times of peace, the Government must use the men and the technical equipment of the army in assistance works in the areas of school education and production edited by the Reconstruction Corps, in full respect of the precepts of Islamic justice, on condition that the military preparation of the army is not damaged.
Any use of the army's means for personal purposes, as well as the personal use of its members as attendants or drivers or for similar activities, is prohibited.
The promotion and degradation of military personnel are regulated by law.
The Guardian Corps of the Islamic Revolution, founded in the first days of the victory of this Revolution, continues to perform its functions of defense of the Revolution itself and of its conquests. The prerogatives and duties of this Corps in relation to the prerogatives and duties of the other armed forces will be regulated by the law, which will promote the fraternal cooperation and coordination of all the forces involved.
According to the sacred Koranic verse "And prepare all the forces that you can gather and the horses trained to inspire fear to the enemy of Allah and yours and others that you do not know but that Allah knows" (8: 60), the government has a duty to make available to all the people the opportunities and instruments necessary for military training according to Islamic norms, so that all citizens of the nation are able to provide for the armed defense of the country and the Islamic Republic of Iran. However, possession of weapons must be authorized by the competent authorities.