Draft Constitution of Iran
Based on the principles of anti-despotism, secularism, and popular sovereignty, for submission to the Constituent Assembly
Preamble
This draft Constitution has been prepared with the aim of contributing to a national dialogue and providing a clear framework for the deliberations and decision-making of the Constituent Assembly. This text is founded upon several simple yet fundamental principles: popular sovereignty, the full equality of citizens, secularism, the restraint of power, and the structural prevention of the reemergence of despotism. Its purpose is not to impose a fixed model, but to present a clear, open to criticism, and amendable proposal for an assembly that shall truly represent the will of the people of Iran.
We, the People of Iran, relying upon our history, collective wisdom, and national will, establish this Constitution as the supreme legal instrument of Iran, in order to forever prevent despotism, secure liberty, security, human dignity, equality of citizens, the rule of law, secularism, and the preservation of the territorial integrity and enduring stability of the country. This Constitution is adopted for the purpose of restraining power, holding the institutions of government accountable, and guaranteeing the right of the people of Iran to self-determination, so that no individual, institution, or ideology may stand above the general will or the law.
Table of Contents of the Draft Constitution
Chapter I – Fundamental Principles
Chapter II – Form of Government and Principles of Governance
Chapter III – Elections, Political Parties, and Referendum
Chapter IV – Fundamental Rights and Freedoms
Chapter V – The Legislative Branch (Parliament)
Chapter VI – The Executive Branch (Government and Prime Minister)
Chapter VII – The Judiciary and the Supreme Court
Chapter VIII – Constitutional Monarchy
Chapter IX – Decentralization and Local Administration
Chapter X – Economy, Currency, and Financial Oversight
Chapter XI – The Armed Forces, Security, and Public Order
Chapter XII – Constitutional Amendment and Limits of the Constitution
Chapter I
Fundamental Principles
Article 1 – Popular Sovereignty
National sovereignty belongs exclusively to the people of Iran, and no individual, institution, ideology, or religion shall have the right to appropriate it.
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Article 2 – Territorial Integrity
Iran is a single, independent, and indivisible country. Administrative and local decentralization shall not be deemed contrary to this principle.
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Article 3 – Secularism
Religion shall be separate from the state. The state shall have no official religion, and no law shall be enacted on the basis of Sharia or any religious ideology.
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Article 4 – Equality of Citizens
All citizens of Iran shall be equal before the law without any discrimination, including on the basis of sex, ethnicity, language, religion, belief, political orientation, or possession of another nationality. No Iranian citizen shall be deprived, solely on account of possessing another nationality, of citizenship rights, political rights, the right to stand for office, or the right to hold public office.
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Article 5 – Exercise of Sovereignty
The exercise of national sovereignty shall take place exclusively through free elections and elected institutions, and no other mechanism shall confer political legitimacy.
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Article 6 – The Right of Armed Self-Defense
The right of legitimate self-defense, including the ownership and carrying of individual arms, is an inherent and fundamental right of the citizens of Iran and shall not be suspended, revoked, or altered. This right is strictly individual in nature and shall in no way be subject to organization, aggregation, or political, partisan, ethnic, or ideological use. No individual, institution, branch, or majority shall have the authority to violate or generally restrict this right. The formation of, or membership in, any non-state armed force is prohibited.
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Chapter II
Form of Government and
Principles of Governance
Article 7 – Form of Government
Iran shall have a democratic, secular, decentralized constitutional monarchy.
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Article 8 – Supremacy of the Constitution
The Constitution is the supreme legal instrument of the country, and all laws and decisions must conform to it.
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Article 9 – Rule of Law
No person or institution is above the law, and all are accountable under the law.
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Article 10 – Separation of Powers
The legislative, executive, and judicial branches shall be independent of one another.
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Article 11 – Balance of Powers
No branch shall have the right to dominate another branch, and all branches shall be subject to legal oversight.
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Article 12 – Responsibility and Accountability
Any person who holds authority or responsibility in government, or who uses public funds, shall be subject to questioning, accountability, and removal through lawful procedures. The King, too, shall be bound by the Constitution; any act undertaken outside the limits of the Constitution shall be without legal effect, and in the event of a manifest violation, shall be subject to legal review and action in accordance with the mechanisms set forth in this Constitution.
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Article 13 – Transparency of Government
As a general principle, decisions, contracts, budgets, and public data shall be open and public, except in specific and narrowly defined matters of security.
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Article 14 – Prohibition of the Concentration of Power
No officeholder or institution shall have the right to exercise executive, legislative, and judicial power simultaneously.
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Article 15 – Principle of Political Competition
Political power shall be attained only through free competition and periodic elections, and it must be capable of lawful and peaceful transfer.
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Chapter III
Elections, Political Parties, and Referendum
Article 16 – Elections
General elections shall be held periodically and shall be free, competitive, equal, secret, and fair. Any threat, coercion, fraud, vote-buying, manipulation in the counting of votes or the announcement of results, and any interference by governmental, military, or security institutions in the electoral process is prohibited.
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Article 17 – The Right to Vote
The right to vote belongs exclusively to the citizens of Iran. Every citizen of Iran shall have the right to vote, and the vote of all citizens shall be equal. Voting shall be by secret ballot. No person may be compelled to vote or not to vote, and no person may be rewarded, punished, or deprived of any rights on account of his or her vote.
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Article 18 – Administration of Elections
The administration of elections and referenda throughout the country shall rest exclusively with the National Electoral Authority. This authority shall be independent, and no branch, party, or military, security, or intelligence institution shall have the right to interfere in any stage of the electoral process.
All stages of elections shall be official, recorded, subject to public oversight, and open to judicial review. No result shall be final or valid prior to official registration, the opportunity for verification, and the expiration of the legal period for objections.
Any fraud, interference, threat, or manipulation in the administration of elections is prohibited and shall constitute a criminal offense.
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Article 19 – Electoral Funding and Expenditures
The sources of electoral funding and campaign expenditures shall be transparent, recorded, and subject to review. The use of governmental or public resources, as well as the receipt of assistance from foreign sources or from military and security institutions, is prohibited. The limits and enforcement guarantees of this Article shall be determined by law.
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Article 20 – Political Parties and Political Activity
The formation and activity of political parties and political associations shall be free, provided that they comply with the Constitution and reject violence. The dissolution or suspension of a political party or political association may take place only by judgment of a court of competent jurisdiction.
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Article 21 – Prohibition of Armed Associations
The formation, organization, or support of any armed political party, group, or association, or of any political body possessing military training or military organization, is prohibited and shall constitute a criminal offense.
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Article 22 – Referendum
A referendum may be held on important national matters within the framework of the Constitution. The administration and supervision of referenda shall rest with the National Electoral Authority, and the result shall be subject to objection and judicial review. The conditions and procedures governing referenda shall be determined by law.
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Article 23 – The Right to Stand for Office
The right to stand for elective public office is guaranteed. Eligibility requirements shall be minimal, clear, objective, and non-discriminatory. No person may be deprived of candidacy except on the basis of explicit legal conditions and only pursuant to a reasoned judgment of the Special Electoral Court. Disqualification on the basis of belief, political orientation, religion, ethnicity, language, sex, or peaceful political activity is prohibited and void.
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Chapter IV
Fundamental Rights
and
Freedoms
Article 24 – Human Dignity
Human dignity is inviolable and shall serve as the basis for the interpretation, implementation, and validity of all rights, freedoms, laws, and public acts. No law, decision, or act may violate human dignity.
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Article 25 – Right to Life and Prohibition of the Death Penalty
The right to life is inviolable and shall not be infringed. The death penalty, and any intentional deprivation of life as punishment, under any designation and under any circumstances, is prohibited. Personal liberty and security are likewise inviolable, and no person may be arbitrarily deprived of or restricted in liberty or personal security, except pursuant to law and by order of a court of competent jurisdiction.
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Article 26 – Prohibition of Torture
Torture, and cruel, inhuman, or degrading treatment or punishment, is absolutely prohibited and may under no circumstances, including the preservation of security, the investigation of crime, the obtaining of a confession, a state of emergency, war, or the order of a superior authority, be justified, authorized, or carried out. Any confession, testimony, or evidence obtained through torture or other prohibited treatment shall be null, void, and inadmissible.
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Article 27 – Fair Trial
A fair trial is the right of every person. Proceedings shall be conducted only pursuant to law and before an independent, impartial, and competent court. Hearings shall, as a general rule, be public, except in limited and exceptional cases prescribed by law. The rights of defense, access to counsel, and recourse to challenge before a lawful authority are guaranteed.
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Article 28 – Presumption of Innocence
Every person shall be presumed innocent, and the burden of proving guilt shall rest upon the government.
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Article 29 – Prohibition of Arbitrary Arrest
Arrest without lawful order and prompt access to a court are prohibited.
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Article 30 – Freedom of Expression
Freedom of expression, opinion, publication, and criticism of persons and public institutions is the right of every person. No person may be prosecuted, punished, or deprived of any rights on account of the peaceful expression of opinion or criticism. Restrictions upon this right may be imposed only by law, on an exceptional, clear, and limited basis, and subject to judicial oversight.
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Article 31 – Freedom of the Press and Media
The media shall be free in their establishment, operation, publication, and access to information. Prior censorship, seizure, suspension, or prevention of publication is prohibited except pursuant to law and by order of a court of competent jurisdiction. No media outlet may be arbitrarily restricted or shut down on account of criticism, disclosure, or the publication of lawful material.
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Article 32 – Right of Access to Information
Every person has the right of access to public information. As a general principle, public information shall be published and freely accessible, except in limited and exceptional cases prescribed by law. Denial or restriction of access may be imposed only pursuant to law and only to the extent necessary.
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Article 33 – Freedom of Assembly
Peaceful assembly is free and shall require no prior permission, license, registration, or approval. Its prohibition, suspension, disruption, or dispersal is forbidden except in limited and exceptional cases expressly provided by law.
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Article 34 – Freedom of Association
Civil, professional, occupational, labor, employers’, union, association, and non-governmental organizations shall be free. No person may be compelled to join or not to join them. Restrictions upon this right may be imposed only in limited and exceptional cases prescribed by law.
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Article 35 – Freedom of Belief and Religion
Freedom of belief, non-belief, religious belief, and the right to change or abandon one’s belief are guaranteed. No person may be subjected to coercion, discrimination, or deprivation on account of belief or non-belief. Religious practices and ceremonies shall be free insofar as they do not violate the rights of others, public order, or the principle of the separation of religion from the state.
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Article 36 – Freedom of Movement
Freedom of movement, the choice of residence and domicile, departure from the country, and return to the country are the right of every person. No person may be arbitrarily deprived of or restricted in this right. Exit bans, denial of return, exile, forced residence, or similar restrictions may be imposed only in wholly exceptional cases, pursuant to explicit law, and on a case-by-case basis.
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Article 37 – Right to Privacy
The privacy of persons, homes, correspondence, communications, personal data, and private information is inviolable and shall not be infringed. Any search, interception, surveillance, disclosure, collection, retention, or access thereto is prohibited except in a specific case and pursuant to explicit and limited law. General, collective, or indiscriminate surveillance of persons is prohibited.
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Article 38 – Property
Lawful property is inviolable. No person may be deprived of property, nor may property be fundamentally restricted or taken, except pursuant to explicit law, for public benefit, and with just compensation.
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Article 39 – Right to Education and Civic Awareness
Basic education is the right of all persons residing in Iran and shall be provided free of charge, universally, and without discrimination. The state is obliged to guarantee equal access to education at all levels, within the framework of law. The state shall also be required to include instruction on the Constitution, fundamental rights and freedoms, and the principles of democratic government in school curricula in a manner appropriate to age, recurrent, and periodic, so that citizens’ awareness of their rights, the limits of governmental power, and the responsibilities of public institutions may be strengthened, and such instruction shall not be turned into an instrument of partisan, ideological, or governmental propaganda.
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Article 40 – Right to Health
Access to basic and essential healthcare services is the right of every person. No person may be deprived thereof on account of poverty or personal status.
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Article 41 – Right to Work and Wages
The right to work and to choose one’s occupation freely is guaranteed. Arbitrary deprivation of work and discrimination in employment are prohibited. Wages shall be determined on the basis of free contract, agreement between the parties, and market conditions, and the state shall have no authority to impose a general mandatory wage.
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Article 42 – Right to Strike and Collective Bargaining
The right to strike and to engage in collective bargaining peacefully is guaranteed. No person may be prosecuted, punished, or deprived of employment rights on account of lawful participation in a strike or in collective bargaining.
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Article 43 – Right to a Healthy Environment
The protection of the environment, biodiversity, natural resources, and animal life is the duty of the state and the right of the people. Cruelty to animals, the intentional destruction of natural habitats, and the unlawful hunting, killing, or exploitation of animal life are prohibited and shall constitute criminal offenses. Perpetrators of such acts shall be prosecuted and punished in accordance with law and, where necessary, barred from the keeping or use of animals.
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Article 44 – Prohibition of Sex-Based Discrimination
Any form of sex-based discrimination in law and in practice is prohibited.
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Article 45 – Rights of Local Languages and Cultures
The official language of the country is Persian. The use and teaching of local languages, and the preservation of indigenous cultures, alongside the official language, shall be free and respected. No person may be deprived of any rights on account of language or cultural affiliation.
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Chapter V
The Legislative Branch
(Parliament)
Article 46 – Parliament
Parliament is the legislative authority of the country and shall consist of the House of Representatives and the Senate.
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Article 47 – House of Representatives
The House of Representatives shall be elected by the direct, free, and equal vote of the people and shall express the general will in legislation. Representation in this House shall be based on population, with one representative assigned for every complete five hundred thousand persons of population. The term of office in the House of Representatives shall be four years, and no person may be elected to this office for more than two terms, whether consecutive or non-consecutive. In the discharge of their representative duties, representatives shall be responsible only to the people and to the Constitution and shall not be bound by the instructions of any person or institution.
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Article 48 – Senate
The Senate shall be the second chamber of Parliament and the representative of the provinces at the national level. The Senate shall participate in legislation, ratify major treaties, and confirm the high officials provided for in this Constitution. Each province shall have two Senators. The term of membership in the Senate shall be six years, and one-half of the seats of the Senate shall be renewed every three years. No person may be elected to the Senate for more than three terms, whether consecutive or non-consecutive. In the first Senate election, each province shall elect two Senators. Lots shall then be drawn between them so that one shall serve an initial term of three years and the other an initial term of six years. Thereafter, all seats shall be filled for six-year terms, and every three years only one-half of the seats of the Senate shall be renewed.
Formation of the First Senate After the Transitional Period
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Article 49 – Apportionment of Representation
The number of representatives for each electoral district shall be determined on the basis of the population of that district. More populous districts shall have more representatives, and less populous districts shall have fewer representatives. A general census of the population shall be conducted every ten years, and the distribution of representative seats shall be reviewed on the basis of its results and in proportion to changes in population.
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Article 50 – Transparent Legislation
The legislative process shall be public, accessible, and subject to public scrutiny. Bills, legislative proposals, debates, the votes of representatives, and legislative records shall be published in a timely manner. The law shall be clear, simple, and capable of implementation, and shall not be enacted except to the extent necessary. Conflicting, repetitive, or superfluous laws shall be repealed, consolidated, or harmonized so as to prevent ambiguity and confusion for the people and for those charged with implementation.
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Article 51 – Parliamentary Oversight of the Executive Branch
Parliament shall exercise oversight over the executive branch. The House of Representatives shall exercise the powers of questioning, inquiry, interpellation, and vote of no confidence with respect to the Prime Minister and the ministers. The Prime Minister and the ministers shall be obliged to appear before Parliament, answer questions, and provide the requested information and documents. Refusal to appear, refusal to answer, or concealment of information shall constitute a violation of the Constitution and shall constitute grounds for interpellation, disqualification from continued service, or a vote of no confidence. Interpellation and a vote of no confidence shall be valid only upon the vote of at least sixty percent of the legal membership of the House of Representatives.
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Article 52 – Budget
Article 53 – Contracts and Treaties
Major treaties of the country shall be valid only upon approval by the Senate. Major public contracts and financial commitments shall be valid only upon approval by the House of Representatives and the Senate. No officeholder or institution may bind the country to any major political or financial commitment without the approval of the authorities specified in this Article.
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Article 54 – Declaration of War and Peace
A declaration of war, the acceptance of peace, an armistice, and any decision leading to the formal entry of the country into war or to its end shall be valid only upon approval by the House of Representatives and the Senate. Approval of such matters shall require the vote of at least sixty percent of the legal membership of each chamber. The government may, in response to an attack, an immediate threat, rescue operations, or imminent danger, undertake limited and immediate defensive or military measures, provided that such measures do not amount to undeclared war, prolonged occupation, or a long-term military commitment. The government shall be obliged to inform Parliament of such measures without delay, and their continuation without parliamentary approval shall be prohibited.
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Article 55 – Prohibition of the Dissolution of Parliament
No officeholder or institution, including the government, shall have the authority to dissolve, suspend, shut down, or render ineffective the House of Representatives or the Senate. The term and validity of both chambers shall expire only within the periods prescribed by this Constitution.
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Chapter VI
The Executive Branch
Government and Prime Minister
Article 56 – Prime Minister
The Prime Minister is the Head of Government and the highest executive authority of the country. The direction of the executive branch, the conduct of executive policy, and the issuance of the orders necessary for the execution of the law and the administration of the country shall rest with the Prime Minister. The Prime Minister shall appoint the ministers and shall have the authority to dismiss or reassign them. The Prime Minister shall be accountable to the House of Representatives.
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Article 57 – Formation of the Government
The Prime Minister shall be designated from among the candidate put forward by the party or coalition holding the majority in the House of Representatives. The Prime Minister shall appoint the ministers and form the Government. The Government shall enter into office only upon a vote of confidence by the House of Representatives. If, during a parliamentary term, the Government falls or the Prime Minister leaves office, a new Government shall be formed only for the remainder of that same term.
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Article 58 – Government
Executive power shall be exercised by the Government. The Government shall consist of the Prime Minister and the ministers and shall be responsible for executing the law, administering public affairs, maintaining public order, and implementing the budget and the executive policies of the country.
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Article 59 – Cabinet Responsibility
The ministers, under the chairmanship of the Prime Minister, shall constitute the Cabinet. The official decisions of the Government shall be the collective decisions of the Cabinet, and all ministers shall be responsible for them. Each minister shall also, within the scope of his or her functions, bear separate responsibility and accountability.
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Article 60 – Caretaker Government
In the event of the expiration of term, resignation, death, removal, or loss of confidence of the Prime Minister or the Government, the existing Council of Ministers, under the leadership of the resigning Prime Minister or his or her lawful successor, shall serve as a caretaker government and shall conduct only current affairs until the formation and assumption of office of the new Government. A caretaker government shall have no authority to make fundamental changes in public policy, make high-level appointments, undertake long-term commitments, or conclude major contracts.
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Article 61 – Term Limits of the Prime Minister
The term of office of the Prime Minister shall be four years. No person may be elected to the office of Prime Minister for more than two terms, whether consecutive or non-consecutive.
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Article 62 – Civil Service
The civil service shall be administered on the basis of merit, law, and administrative neutrality. Recruitment, appointment, promotion, and removal within the executive administration shall be carried out solely on the basis of qualifications and clear criteria and shall not serve as an instrument of political reward, political punishment, partisan purge, or patronage. Civil servants shall, in the performance of their duties, be subject only to the law.
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Article 63 – Public Procurement and Contracts
Public tenders and contracts shall be competitive, transparent, public, and subject to review. The award of any contract, concession, or public commitment on the basis of patronage, discrimination, conflict of interest, or hidden procedure is prohibited. The terms, parties, amount, and principal obligations of public contracts shall be published. Violation of this Article shall constitute public corruption and shall result in the annulment of the contract, removal from office, compensation for damages, and severe legal penalties.
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Chapter VII
The Judiciary and
the Supreme Court
Article 64 – Structure of the Judicial System
The judicial system of the country shall be organized on the basis of the unity of national law, a multi-tiered system of adjudication, judicial independence, the impartiality of the courts, and judicial and administrative decentralization. This system shall comprise courts of first instance, provincial courts of appeal, provincial high courts, the Supreme Court of the Nation, and the Constitutional Court. The establishment of any special, extraordinary, exceptional, revolutionary, security, or other tribunal outside this structure possessing judicial jurisdiction or the authority to issue judicial rulings is prohibited.
Administrative and specialized bodies may be established only pursuant to law and shall have no authority to exercise judicial jurisdiction or issue judicial rulings. Their decisions shall be subject to appeal before a court of competent jurisdiction.
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Article 65 – Courts of First Instance and Provincial Courts
Judicial proceedings shall, as a general rule, be conducted in the courts of first instance, the provincial courts of appeal, and the provincial high courts. In each province, the provincial high court shall be the highest judicial authority of that province and shall consist of five judges. It shall supervise the uniform application of the law within the courts of the province. The judges of the provincial high court shall be elected from among the qualified judges of the same province, for a term of six years and without possibility of renewal, by an absolute majority vote of the assembly of judges of that province. The Chief Judge of the provincial high court shall be elected from among the judges of that court, by an absolute majority vote of its members, for a term of three years and without possibility of renewal, and such office shall be administrative in nature. The removal, suspension, or transfer of judges of the provincial high court prior to the expiration of their term shall be permissible only in the cases and in the manner prescribed by this Constitution.
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Article 66 – Supreme Court of the Nation
The Supreme Court of the Nation shall be the highest judicial authority of the country in ordinary matters and shall consist of eleven judges. Its function shall be to supervise the uniform application of the law throughout the country, to hear appeals on points of law in the cases prescribed, and to resolve disputes concerning the interpretation and application of the law among the provincial high courts. Within the limits of the law, the Supreme Court of the Nation shall affirm or quash judgments contrary to law and shall not be a court of general jurisdiction for all claims.
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Article 67 – Constitutional Court
The Constitutional Court shall be an institution independent of the Supreme Court of the Nation and shall consist of nine judges. It shall have jurisdiction to review the conformity of laws and regulations with the Constitution, to interpret the Constitution, and to resolve disputes of jurisdiction among the higher public institutions. Proceedings before the Constitutional Court shall be initiated upon petition by such authorities and persons as are designated by the Constitution or by a law enacted pursuant thereto. Where the Constitutional Court finds inconsistency, it shall invalidate the whole or the inconsistent part of the law or regulation. No member of the Constitutional Court may simultaneously be a member of the Supreme Court of the Nation, the Government, Parliament, the executive leadership of political parties, the armed forces, or the security institutions.
Article 68 – Nominating Commissions for Judges of the High Courts
For the selection of the judges of the Supreme Court of the Nation and of the Constitutional Court, a separate nominating commission shall be established for each. Each nominating commission shall consist of nine members: three members elected by the House of Representatives, three members nominated by the National Bar Association, and three members drawn from among retired or senior judges. The members chosen by the House of Representatives shall be elected by a two-thirds vote of its members. The qualifications and manner of selection of the members nominated by the Bar Association and of the retired or senior judges shall be such as to guarantee their independence, professional competence, and impartiality. The nominating commission shall review and screen candidates for membership in the Supreme Court of the Nation and the Constitutional Court and shall nominate three qualified candidates for each seat. A decision of the nominating commission shall be valid only with the vote of at least six members. Members of the nominating commission shall not simultaneously be members of the Government, Parliament, the executive leadership of political parties, the armed forces, or the security institutions. No officeholder or institution shall have the right to impose a candidate or dominate the nomination process.
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Article 69 – Selection and Terms of Office of Judges of the High Courts
The judges of the Supreme Court of the Nation and of the Constitutional Court shall be elected by a two-thirds vote of the members of the Senate from among the candidates nominated pursuant to Article 68. The term of office of the judges of the Supreme Court of the Nation shall be nine years and shall not be renewable. The term of office of the judges of the Constitutional Court shall be twelve years and shall not be renewable. No person may serve more than once as a member of the Supreme Court of the Nation or of the Constitutional Court. The expiration of the terms of the judges of the Supreme Court of the Nation shall be arranged so that, every three years, the terms of a portion of the members shall expire and all members shall not be replaced simultaneously. The expiration of the terms of the judges of the Constitutional Court shall be arranged so that, every four years, the terms of three members shall expire. If the nominated candidates for a seat are rejected, the nominating commission of the same court shall be required to nominate new candidates within thirty days.
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Article 70 – Council for Judicial Administration and Discipline
The Council for Judicial Administration and Discipline shall be the independent body for judicial administration and judicial discipline at the national level and shall consist of nine members: three members from among senior judges elected by the national assembly of judges, three members from among senior lawyers elected by a two-thirds vote of the House of Representatives, and three members from among distinguished professors of law elected by a two-thirds vote of the Senate. The members of the Council shall be elected for a term of six years, without possibility of renewal, and the expiration of their terms shall be gradual and non-simultaneous, so that the terms of three members shall expire every two years. In each province, a provincial judicial disciplinary body shall be established and shall consist of five members: two members elected by the assembly of judges of that province, one member from among senior lawyers nominated by the bar association of that province, one member from among professors of law nominated by the universities of that province, and one member from among retired senior judges of that province. Members of the Council for Judicial Administration and Discipline and of the provincial judicial disciplinary bodies shall not simultaneously be members of the Government, Parliament, the executive leadership of political parties, the armed forces, or the security institutions. Within the limits of the Constitution, the Council for Judicial Administration and Discipline shall supervise judicial discipline, transfer, promotion, and judicial administrative affairs at the national level and shall serve as the authority hearing appeals from the decisions of the provincial judicial disciplinary bodies, without interfering in the substance of judicial rulings. The provincial judicial disciplinary bodies shall, within the limits of the Constitution, have jurisdiction over disciplinary proceedings concerning the judges of the same province.
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Article 71 – Budget and Financial Administration of the Council for Judicial Administration and Discipline
The Council for Judicial Administration and Discipline shall have an independent budget, secretariat, and administrative staff. Its budget shall be funded from the general budget of the country and, upon the proposal of the Council itself, shall be determined in the budget law on the basis of its legal duties, workload, ordinary administrative needs, and the principles of economy and efficiency. The Council’s proposed budget shall be included separately in the budget bill. Any effective reduction, delay in allocation, or restriction in the implementation of the budget shall not be used as a means of pressure, disruption, or interference with the independence of the Council. The revenues and expenditures of the Council shall be transparent and shall be audited by the independent public audit authority of the country.
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Article 72 – Qualifications and Independence of Members
The judges of the Supreme Court of the Nation, the Constitutional Court, and the members of the Council for Judicial Administration and Discipline shall possess the highest legal and judicial qualifications, integrity, independence of judgment, political impartiality, and commitment to the Constitution. Their membership in, or active affiliation with, political parties, the armed forces, security institutions, the holding of political or executive office, and engagement in commercial or profit-making activity are prohibited. Any political pressure, security interference, hidden conflict of interest, or organized influence in their selection, administration, and decision-making is prohibited.
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Article 73 – Suspension and Removal of Judges
No judge may be suspended or removed except pursuant to the Constitution and the law, and through fair, public, and impartial proceedings. The suspension or removal of judges of the courts of first instance, provincial courts of appeal, and provincial high courts may be effected only by the judicial disciplinary body of the same province, with the full guarantee of the right of defense and the right of appeal. The decision of that body shall be subject to appeal before the Council for Judicial Administration and Discipline. The temporary suspension of judges of the Supreme Court of the Nation and of the Constitutional Court may take place only in the event of a serious criminal accusation, serious evidence of corruption, or a clear danger to the integrity of adjudication, and only by a two-thirds vote of the members of the Council for Judicial Administration and Discipline. The removal of judges of the Supreme Court of the Nation and of the Constitutional Court may take place only in the event of proven corruption, grave violation of the law, persistent inability to perform the duties of office, or serious violation of judicial impartiality, following lawful proceedings and by a two-thirds vote of the members of the Senate. The judicial administration of the country shall be organized in such a way that appointment, promotion, transfer, suspension, and removal shall not be concentrated in the hands of a single person, a single office, a single city, or a single institution.
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Chapter VIII
Constitutional Monarchy
Article 74 – Position of the King
The King is the symbolic embodiment of national unity, the historical continuity of the country, and the symbolic continuity between the state and the nation. The King does not represent the political will, exercise executive sovereignty, or serve as a general decision-making authority, and his position shall be defined and exercised within the limits of this Constitution.
The institution of the monarchy shall at all times remain supra-partisan, non-partisan, and the symbolic guardian of national cohesion, and it shall not become a source of independent political power.
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Article 75 – Neutrality and Non-Intervention of the King in Politics
In his national and symbolic capacity, the King shall remain neutral with respect to political and electoral competition and shall refrain from any open or concealed support for any party, candidate, or political coalition.
The office, prestige, resources, budget, and affiliated institutions of the monarchy shall serve the public interest and the dignity of the nation and shall not be used for political, electoral, or factional influence.
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Article 76 – Limits of the Powers of the King
Rationale and Justification…
Article 77 – Official Functions of the King and Responsibility of the Government
The King shall perform his official duties and acts within the limits of this Constitution and in a manner befitting the dignity of the Crown.
The administration and political and executive responsibility for the affairs of the country shall, within the framework of law, rest with the Government and the responsible authorities.
Where the Constitution or the law requires, for certain official acts, formalities or the approval of a responsible authority, such formalities shall be observed and responsibility therefor shall rest with the Government or the responsible authority.
Rationale and Justification…
Article 78 – Appointment of the Prime Minister
The King shall appoint the Prime Minister following his lawful designation by the House of Representatives. Such appointment shall be made within the framework of the Constitution and on the basis of the lawful decision of the House of Representatives, and shall be official and ceremonial in character.
Rationale and Justification…
Article 79 – Minister of Culture
The Minister of Culture shall be selected by the King and presented to the House of Representatives for a vote of confidence.
Upon receiving such vote of confidence, the Minister of Culture shall, within the limits of the law, hold an independent office in the cultural affairs of the country and shall submit reports of his or her work to the King. The Minister of Culture shall not be deemed a member of the political cabinet of the Government; however, with respect to legality, limits of competence, and the expenditure of public funds, the Minister shall be accountable to the House of Representatives and shall be subject to questioning, inquiry, and interpellation.
Rationale and Justification…
Article 80 – Scope of the Authority of the Minister of Culture and the Position of the King in Cultural Affairs
The authority of the Minister of Culture shall be limited to matters concerning historical heritage, museums, national archives, the National Library, the arts, national ceremonies and observances, and non-political public cultural institutions. In this sphere, the King shall serve, within the framework of the Constitution, as the supreme national authority and the highest authority for cultural guidance, and the Minister of Culture shall perform his or her functions within the limits of the law and in coordination with the general cultural orientations approved by the King. The Minister of Culture shall be responsible for the administration and execution of the cultural affairs of the country and shall be accountable to the House of Representatives with respect to legality, limits of competence, and the expenditure of public funds.
Matters relating to the public policy of the country, security, the judiciary, elections, the armed forces, public education, news media, political propaganda, and the administration of other ministries shall fall outside the scope of this Article. The cultural institutions and powers provided for in this Article shall be exercised in the service of the national interest, the historical identity of the country, and the general cultural dignity of the nation, and shall not be used for partisan, electoral, or factional competition.
Rationale and Justification…
Article 81 – Media, Education, and Political Propaganda
News media and public information services shall not fall within the sphere of the monarchy or of the Minister of Culture and shall be governed in accordance with the principles of freedom of the media, the general law, and judicial oversight. Public education, higher education, educational planning, and the administration of educational institutions shall fall within the competence of the Government and the ministries responsible for education and shall not fall within the functions of the King or the Minister of Culture. Political propaganda, partisan activity, and political organization shall not be deemed functions of the monarchy or of the Ministry of Culture and shall, within the framework of law, be carried out by political parties, candidates, the media, and the relevant lawful institutions.
Public funds, cultural institutions, and facilities affiliated with the monarchy shall likewise serve the public interest and national dignity and shall not be used for political, factional, electoral, or ideological purposes.
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Article 82 – Opening of Parliament and Legislative Formalities
The King shall declare the official opening of the parliamentary term and shall promulgate enacted laws, in a formal and ceremonial manner befitting the dignity of the Crown. Such promulgation shall signify the formality, dignity, and continuity of the institutions of the state in a constitutional monarchy, and the legal effect of enacted legislation shall arise within the limits of the Constitution and in accordance with the prescribed formalities.
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Article 83 – Honors, Ambassadors, and National and Foreign Ceremonial Functions
The conferral of national honors and titles, the reception of ambassadors, and the conduct of ceremonial acts of representation of the country shall, in accordance with law and subject to the responsibility of the Government, rest with the King. Matters of foreign policy, treaties, negotiations, and international commitments shall be conducted within the framework of this Constitution and through the responsible institutions of the country.
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Article 84 – Power of Pardon
The King shall exercise the power of individual pardon of convicted persons within the limits of the law and upon the recommendation of the Minister of Justice or the Government.
General or collective amnesty may be granted only by law and with the approval of Parliament.
Pardon shall not extend to grave offenses against the Constitution, electoral fraud, major public corruption, torture, major crimes against persons, or such other offenses as the Constitution or explicit law may except.
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Article 85 – Budget and Assets of the Institution of the Monarchy
The budget of the institution of the monarchy and the ceremonial functions related thereto shall be determined by the annual budget law and shall be transparent, proportionate, and subject to public audit. Palaces, buildings, properties, objects, documents, and assets allocated for the official, ceremonial, historical, and national functions of the institution of the monarchy shall constitute public property of the country and shall belong to the people of Iran, and shall not be deemed the private property of the King or of the royal family. The personal property of the King and of members of the royal family shall be distinct from the public and ceremonial property of the institution of the monarchy and shall be subject to the general law of the country. The revenues and expenditures of the institution of the monarchy shall likewise be reviewed by the independent public audit authority of the country.
Article 86 – Dignity and Immunity of the Crown
The Crown shall enjoy special dignity and immunity.
During his reign, the King shall not be subject to ordinary judicial, administrative, or parliamentary investigation, prosecution, questioning, or proceedings. Responsibility for the affairs of government shall, within the limits of the Constitution, rest with the Government and the responsible authorities.
Proceedings in exceptional and very grave cases may take place only within the framework of the special mechanism provided for in this Constitution and with full respect for the dignity and honor of the Crown.
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Article 87 – Succession, Regency, and Proceedings in Exceptional Cases
The rules governing succession, regency, and the administration of the ceremonial affairs of the Crown in cases of absence, incapacity, minority, or any situation in which the King is unable to perform his functions in accordance with the Constitution shall be determined by a special law and shall be consistent with the Constitution and with the limits of authority set forth in this Chapter. Whenever, in exceptional cases, a serious dispute or objection arises concerning compliance by the Crown with the limits prescribed by the Constitution, the House of Representatives may, by a two-thirds vote of its legal membership, refer the matter to the Constitutional Court for adjudication. The Constitutional Court shall be required to hear the matter promptly, publicly, and fairly, with full respect for the dignity and honor of the Crown. If the Court finds the existence of a violation of the Constitution, it shall, as the case may require, issue the appropriate ruling to remedy the violation, prevent its continuation, or transfer the functions of the King temporarily to the Regent in accordance with the law of succession. If the established violation is grave, intentional, or repeated, and the continuation of the reign is found to be incompatible with the Constitution, the Constitutional Court shall so declare, and the Senate may, by a two-thirds vote of its legal membership, take the appropriate decision in accordance with the Constitution. The legal arrangements and effects of regency, succession, and decisions arising under this Article shall be determined by a special law and within the framework of this Constitution.
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Article 88 – Legal Consequences of Inconsistency with the Constitution
The acts and decisions of the King or of the Minister of Culture shall remain within the limits of this Constitution and of the laws enacted pursuant thereto. Where inconsistency is established, the legal consequences thereof shall be determined on the basis of this Constitution and through the competent authorities.
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Chapter IX
Local Administration and Administrative Decentralization
Article 89 – Local Councils
Provincial, city, and village councils shall be elected by the direct, free, equal, and periodic vote of the people of their respective jurisdictions and shall, within the limits of the law, constitute the elected bodies for the administration of local affairs.
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Article 90 – Powers of Local Administration
Local affairs and everyday public services shall, to the greatest extent possible, be administered by elected local bodies.
The limits of the powers of such bodies shall be determined by law, without prejudice to the unity of the country, the supremacy of national law, or the competence of the Government in the administration of national and provincial affairs.
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Article 91 – Distribution of Revenue and Local Financial Resources
The distribution of national and local revenues shall be fair, transparent, lawful, and subject to review. Local bodies shall be provided with sufficient financial resources proportionate to their lawful functions. No new duty may be imposed upon local bodies without the provision of a corresponding financial source.
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Article 92 – Governor and Local Administration
The Governor shall be the highest executive authority of the Government in the province and shall, within the framework of law, be responsible for the implementation of public policy, administrative coordination, and oversight of the executive agencies within the province. The administration of local affairs and local services shall, within the limits of the law, rest with the elected local bodies. The system of local administration shall be so arranged as to preserve both the efficiency of government and the unity of the administration of the country, while at the same time preventing the concentration of power and corruption.
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Chapter X
Economy, Currency,
and
Financial Oversight
Article 93 – Natural Resources and National Heritage
Natural resources, major mines, oil, gas, public waters, forests, pastures, coastlines, and all other public wealth belong to the people of Iran. The exploitation, transfer, extraction, or any contract relating to such resources shall be valid only pursuant to law, with full transparency, and with due regard for the public interest, future generations, and the protection of the environment. No officeholder or institution shall have the right to transfer such resources in a concealed, monopolistic, or non-competitive manner. Major contracts relating to natural resources shall be public, subject to audit, and placed under the supervision of independent legal and financial authorities. The discovery of historical and archaeological remains, objects, and findings within the territory of Iran shall, within the framework of law, be permitted to all persons. Historical and archaeological remains, objects, and findings discovered within the territory of Iran shall form part of the national and historical heritage of the country, and their removal, concealed appropriation, destruction, or unlawful transfer is prohibited.
The state shall be obliged to acquire such items at a fair price, to register them, and to preserve them in the National Museum or in other competent public institutions.
The conditions, procedures, methods of valuation, and exceptional cases shall be determined by law.
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Article 94 – Prohibition of State Economic Ownership and Control
Except in exceptional cases expressly provided by law, the state shall have no right to own, administer, exercise controlling investment in, or directly engage in the commercial or economic operation of enterprises, industries, mines, resources, banks, insurance institutions, commercial networks, or productive and service activities. Economic and commercial activities shall, as a general rule, belong to the private sector and to independent private cooperatives, and the state shall, only within the limits of the law, be responsible for regulation, oversight, the safeguarding of fair competition, the prevention of monopoly, the protection of consumer rights, and the protection of the public interest. The creation, ownership, or continuation of state-owned enterprises shall be permitted only in wholly exceptional cases, by approval of a special law, for a specified period, and upon proof of public necessity, and shall be subject to regular review and termination. No governmental, military, security, public, or affiliated institution shall enjoy monopolistic dominance, special privilege, or non-competitive presence in economic activities. The transfer of public assets, concessions, and enterprises shall be transparent, competitive, lawful, and subject to review, and any patronage-based, concealed, or discriminatory transfer shall be void. The state may not, under the guise of regulation, oversight, licensing, or public support, create economic privilege for itself or for affiliated institutions, or discriminatorily restrict competitors. The ownership of property and the investment of non-citizens in Iran shall be permitted within the framework of law and with due regard to national security, public order, the national interest, and the prohibition of ownership in sensitive regions or sectors.
The conditions, exceptions, limits of state intervention, and anti-monopoly and anti-patronage safeguards shall be determined by law.
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Article 95 – Monetary Policy Board and Independence of the Central Bank
The Central Bank shall be an independent institution charged with preserving the value of the currency, controlling inflation, ensuring financial stability, and safeguarding the soundness of the monetary and banking system. No political, executive, partisan, military, or security authority shall have the right to impose monetary, credit, or exchange-rate directives upon the Central Bank. The administration of the Central Bank shall rest with the Monetary Policy Board, which shall consist of nine members. For the selection of the members of this Board, the House of Representatives shall invite the faculties of economics of the universities of the country to nominate candidates. Such faculties shall, pursuant to law, nominate fifteen qualified candidates from among persons possessing professional competence, integrity, independence of judgment, and expertise in monetary economics, banking, finance, or banking and financial law. The House of Representatives shall select nine principal nominees from among them and submit them to the Senate, and the remaining six shall, in the order prescribed by law, serve as alternate members. The Senate shall elect the members of the Monetary Policy Board by a two-thirds vote of its legal membership and shall, in the same process, designate one of them as Chair of the Board and Governor of the Central Bank. The members shall serve for a term of nine years, without possibility of renewal, and their terms shall be arranged so that every three years three members shall be replaced in the same manner. Members of the Board shall not simultaneously be members of the Government, Parliament, the executive leadership of political parties, the armed forces, or the security institutions, nor shall they hold a material interest in institutions subject to the supervision of the Central Bank. The removal of the Governor or of any member of the Board prior to the expiration of the term shall be permitted only in the event of proven corruption, grave violation of the law, manifest inability to perform the duties of office, or material conflict of interest, and only by a two-thirds vote of the legal membership of the Senate.
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Article 96 – Prohibition of Monetary Financing of the Budget Deficit
The printing of money, the creation of credit, or any direct or indirect financing of the state budget deficit by the Central Bank is prohibited. The Central Bank may not be used as an instrument for financing the ordinary expenditures of the state, covering deficits arising from political decisions, or purchasing government debt for the purpose of budget financing. Very limited and temporary exceptions shall be permitted only in time of war, national catastrophe, or severe financial crisis, and only by a special law, for a specified period, and with the approval of two-thirds of the legal membership of the House of Representatives and the Senate. Any act contrary to this Article shall be void and shall entail legal responsibility for the relevant officials.
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Article 97 – Budget Transparency
The annual budget, any amendments thereto, public debt, financial guarantees, future obligations, and all revenues and expenditures of the state shall be clear, comprehensive, transparent, and subject to review. No expenditure, financial commitment, transfer of public resources, or creation of public debt or guarantee outside the approved budget or without lawful authorization shall be permitted. The budget shall be published in detailed form, in a timely manner, in a manner comprehensible and understandable to the public, and with tables, charts, and percentage ratios. All institutions using public resources, directly or indirectly, shall be subject to budgetary transparency and audit. The creation of any fund, account, budget line, or hidden financial mechanism outside lawful oversight, or for the purpose of circumventing the budget, is prohibited.
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Article 98 – Reserve Fund and Financial Stability
The state shall be obliged each year to maintain, in a separate account at the Central Bank, no less than two percent and no more than six percent of annual public revenues as a reserve for prudence and financial stability. The precise amount of this reserve in any given year, within the foregoing limits, shall be determined by law. This reserve shall accumulate until it reaches at least one hundred and fifty percent of the average public expenditure of one year, after which its increase, stabilization, or adjustment shall be determined by law.
Withdrawal from this reserve shall be permitted only in time of war, national catastrophe, severe economic or financial crisis, sudden shock to public revenues, or severe nationwide recession, and only by special law and with the approval of two-thirds of the legal membership of the House of Representatives and the Senate. The use of this reserve for ordinary current expenditures, electoral purposes, expansion of the state, or covering deficits arising from misadministration and political decisions is prohibited. The account of this reserve shall be transparent, auditable, and subject to the supervision of the Court of Audit.
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Article 99 – Taxation and Tax Limits
The tax system of the country shall be governed on the basis of law, justice, transparency, certainty, and the right to challenge. The state shall be obliged to publish, in a clear and publicly understandable manner and with tables, charts, and percentage ratios, the manner in which tax revenues are spent, and to announce any increase or decrease in taxation together with a clear statement of the reason, the amount, and the part of public expenditure affected thereby. In no case shall the tax on the income of persons and enterprises exceed ten percent, and in no case shall the sales tax exceed ten percent. Contributions relating to insurance, health, and pensions shall be separate from income tax; however, the combined total of income tax and such contributions shall in no case exceed fifteen percent of total income. In determining tax rates, a lower rate shall be preferred to a higher rate. No person, institution, activity, income, asset, or good shall be exempt from the scope of taxation and public charges, and the granting of any exemption, exception, preferential reduction, or tax privilege for particular persons, institutions, activities, incomes, assets, or goods is prohibited and void.
In time of war or national emergency, a temporary increase in taxation may be authorized only by special law and with the approval of two-thirds of the legal membership of the House of Representatives and the Senate. In such case, the tax on the income of persons and enterprises shall in no case exceed twenty percent, and the sales tax shall still not exceed ten percent. Contributions relating to insurance, health, and pensions shall likewise remain separate from income tax; however, the combined total of income tax and such contributions shall in no case exceed twenty-five percent of total income. The continuation of such increase beyond each period of four months shall be subject to renewed approval by two-thirds of the legal membership of the House of Representatives and the Senate.
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Article 100 – Court of Audit
The Court of Audit shall be the independent public auditing authority of the country and shall supervise the execution of the budget, the use of public resources, public contracts, and compliance with financial law. The President of the Court of Audit shall be elected, upon the proposal of the Joint Financial Committee of the House of Representatives and the Senate, by sixty percent of the legal membership of the Senate for a term of six years, without possibility of renewal. The President may be removed only in the event of proven corruption, grave violation of the law, or persistent inability to perform the duties of office, and only by sixty percent of the legal membership of the House of Representatives. The Court of Audit shall have an independent budget, professional staff, and the right of full access to the financial records of all institutions using public funds. The reports of the Court shall be public and accessible to the public.
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Article 101 – Competition, Prohibition of Monopoly, and Tariffs
Monopoly, anti-competitive collusion, abuse of dominant position, and any economic concentration that impairs free competition, consumer rights, or the economic independence of the country are prohibited. The state shall have no right to create, support, or preserve monopolies for persons, companies, public institutions, military institutions, or affiliated bodies. An independent authority for competition and anti-monopoly shall be established by law. The Chair and members of the high board of this authority shall be nominated by the House of Representatives and elected by sixty percent of the legal membership of the Senate from among persons possessing professional competence, integrity, independence of judgment, and freedom from conflict of interest, for fixed terms and protected against arbitrary removal. No public authority or holder of economic power shall have the right to interfere in the expert decisions of this authority. The decisions of this authority shall be reasoned, public, and subject to challenge before a court of competent jurisdiction. The state may, by law, impose tariffs in order to counter dumping, the artificial undervaluation of currency, or other harmful trade practices by foreign governments, provided that such action does not create domestic monopoly, protect inefficient production, or impose low-quality goods upon the people. Tariffs shall be temporary, reasoned, proportionate, public, and subject to review and judicial scrutiny.
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Chapter XI
The Armed Forces, Security, and Public Order
Article 102 – National Armed Forces
The armed forces shall be a national, professional, non-partisan institution subject to the Constitution. Their sole duty shall be the defense of the independence, territorial integrity, and security of the country against external threats. Compulsory military service is prohibited, and the staffing of the armed forces and all other military institutions and units shall be based solely on voluntary service, professional merit, and law. The armed forces, and all other institutions and units thereof, shall under no circumstances have the right to enter politics, interfere in political competition, or intervene in elections, legislation, adjudication, the administration of domestic affairs, partisan activity, the media, or the exertion of pressure upon public institutions. The loyalty of the armed forces shall be owed only to the country, the Constitution, and the democratic legal order, and not to any individual, family, party, religion, ideology, or particular group. The formation, organization, training, appointment, promotion, and command of the armed forces shall be based upon professional merit, legal discipline, and commitment to the Constitution. Any economic, commercial, financial, banking, investment, contracting, or business activity by the armed forces, by any other military institutions and units, or by institutions affiliated therewith, is prohibited.
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Article 103 – Command of the Armed Forces and Parliamentary Oversight
Command of the armed forces shall rest with the elected Government and shall be exercised through the Prime Minister and the Minister responsible for Defense. The administration, command, readiness, and deployment of the armed forces shall rest with the Government. The Chief of Staff of the Armed Forces, or the highest military authority thereof, shall be appointed for a term of four years upon the proposal of the Prime Minister and the Minister responsible for Defense and with the approval of three-fifths of the legal membership of the Senate; such appointment may be renewed only once and in the same manner. His or her removal before the expiration of the term shall be possible only upon the proposal of the Prime Minister and the Minister responsible for Defense and with the approval of three-fifths of the legal membership of the House of Representatives. The appointment, removal, and reassignment of commanders of the armed forces, except for the Chief of Staff or the highest military authority, shall, within the limits of the law, rest with the Government and shall be carried out through the Minister responsible for Defense and the lawful chain of command. The budget of the armed forces, including defense, organizational, training, armament, and forward-looking defense requirements, shall, upon the proposal of the Prime Minister and the Minister responsible for Defense, be examined by the House of Representatives and approved by law, and its expenditure shall be subject to legal and financial oversight. The number, structure, organization, mission, deployment, and principal armaments of the armed forces shall be determined only by law.
Training within the armed forces shall be based upon loyalty to the Constitution, popular sovereignty, civilian government, and the prohibition of intervention in politics. All commanders, officers, and other members of the armed forces shall swear allegiance to the Constitution, the nation, and the democratic legal order. All members of the armed forces shall be obliged to reject and report to the lawful authorities any order manifestly contrary to the Constitution, involving a coup d’état, action against the lawful government, encroachment upon popular sovereignty, or interference with the lawful transfer of power. The armed forces shall have no right to create, organize, train, equip, or deploy plainclothes forces or agents. No commander or military official may mobilize, move, station, or deploy the armed forces outside the lawful chain of command and without a recorded order. The creation, expansion, equipping, or deployment of forces and military capabilities outside the framework of law is prohibited. Major decisions concerning the command, organization, and deployment of the armed forces shall be recorded, subject to review, and governed by legal and financial oversight.
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Article 104 – Prohibition of Coup d’État and Invalidity of Unlawful Orders
Any action, conspiracy, incitement, mobilization, or military or security order intended to violate, suspend, or circumvent the Constitution, elected institutions, elections, or the lawful transfer of power is prohibited and shall constitute a grave offense against the legal order of the country. Any order manifestly contrary to the Constitution or the law shall be null and unenforceable, and obedience thereto shall not exempt any person from responsibility. No person or institution shall have the right to employ the armed forces, the police, or the intelligence services for partisan or electoral purposes, political repression, public intimidation, or the preservation of power contrary to law. The law shall provide for criminal liability and permanent disqualification from public office for those who order, commit, assist in, or conceal such acts.
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Article 105 – National Police and Internal Security
The police shall be a national, professional, non-partisan, civilian institution subject to the law, and its administration, command, and organization shall rest with the elected Government. The duty of the police shall be to maintain public order, prevent crime, protect the rights and freedoms of the people, and enforce the law within the limits prescribed by law. The police budget shall, upon the proposal of the Prime Minister and the Minister responsible for the Interior or Internal Security, be examined by the House of Representatives and approved by law, and its expenditure shall be subject to legal and financial oversight. The police shall not become an instrument of political repression, partisan power, or security infiltration into society. The police shall have no right to interfere in political competition, elections, partisan activity, or to exert pressure upon the media, associations, unions, and peaceful assemblies. Riot-control units and other special public-order units shall be established only within the structure of the national police and shall remain subject to the same legal, civilian, and judicially supervised principles. The police shall have no right to create, organize, train, equip, or employ plainclothes forces or agents.
The use of force, weapons, arrest, search, surveillance, and any other measure restricting the rights and freedoms of the people shall be permitted only within the limits of the law, to the extent necessary, and under judicial supervision. The creation of parallel police forces, partisan law-enforcement forces, local armed forces outside the law, or any internal armed body outside the lawful structure of the country is prohibited.
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Article 106 – Intelligence Services
The intelligence services of the country may be established only by law and shall operate under the authority of the elected Government and under the supervision of Parliament. Such institutions shall have no right to interfere in elections, political parties, the media, associations, unions, civil institutions, or political competition, and they shall not become a hidden government, an instrument of political influence, or an independent center of power. Such institutions shall have no authority to arrest persons, conduct interrogations outside the law, administer prisons, detention centers, independent places of confinement, or interrogation centers, engage in torture, create independent armed forces, or undertake any economic activity or own or operate a business enterprise, media outlet, or network of political or administrative influence. Interception, surveillance, tracking, infiltration, and any covert collection of information concerning persons shall be permitted only by order of a court of competent jurisdiction and pursuant to law, for a legitimate purpose, with respect to a specified case, and for a limited and definite period that shall in no case exceed one year. The scope of authority, the retention and use of information, and the accountability of such institutions shall be regulated in such a manner as to prevent the concentration of power and the violation of the rights of the people.
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Article 107 – Special Forces and Prohibition of Parallel Forces
Special forces may be established only by law and only within the official structure of the armed forces or the national police, and they shall remain subject to the lawful command of the Government. The creation, equipping, training, financing, or deployment of any parallel, partisan, ideological, personal, secret, or extra-legal armed, security, intelligence, or special force is prohibited, and no executive, military, intelligence, partisan, or public institution shall have the right to create an independent combat unit or operational group outside the law.
The deployment of special forces in domestic affairs shall be permitted only in exceptional cases, for a specific mission, for a limited duration, and pursuant to clear legal authorization and under legal and judicial supervision. The use of such forces for political intimidation, control of elections, suppression of peaceful opposition, suppression of peaceful assemblies, interference in civil institutions, or circumvention of the lawful police and armed forces is prohibited and shall constitute a criminal offense.
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Article 108 – Prohibition of Secret Detention Facilities and Rules of Custody
The administration of prisons, detention facilities, places of custody, and the execution of custodial sentences shall be carried out only by a lawful civilian institution and under judicial supervision. No military, police, intelligence, security, or executive institution shall have the right to create, administer, or maintain any prison, detention facility, independent place of custody, or interrogation center. Any secret detention facility, any facility outside official registration, any facility outside judicial supervision, or any facility in which the detainee or prisoner lacks lawful access to counsel and family, is prohibited and shall constitute a criminal offense. Pretrial detention shall be permitted only by judicial order, for a limited period, and in cases expressly provided by law, and shall in no case exceed six months, except in very serious crimes and by reasoned order of a court of competent jurisdiction, in which case it shall still not exceed one year. Solitary confinement shall be permitted only in exceptional cases, pursuant to law, by reasoned judicial order, and for the shortest possible period, and in no case shall its total duration for any person within any twelve-month period exceed fifteen days. Interrogation shall be conducted only in official, registered, and supervised places and shall be organized through legal and technical safeguards, including the complete recording of the interrogation process and the possibility of continuous oversight, in such a way as to render torture, inhuman treatment, threats, coercion, and the extraction of unlawful confessions impossible or reduced to the minimum extent possible. The rights of prisoners and detainees, including official registration of status, lawful notification, access to counsel, judicial review, medical care, and the prohibition of torture and degrading treatment, shall be observed at all times. The human dignity of prisoners and detainees shall be respected at all times, and any torture, inhuman, degrading, or dignity-offending treatment is prohibited. Those who order, commit, or assist in such acts shall be prosecuted and punished in accordance with law. No confession, report, or evidence obtained through secret detention, torture, coercion, or other unlawful treatment shall be valid or admissible.
Rationale and Justification…
Article 109 – State of Emergency
A state of emergency may be declared only in the event of war, armed insurrection, national catastrophe, or an immediate and widespread danger to the existence of the country, upon the proposal of the Government and by law. Any declaration of a state of emergency shall be reasoned, public, limited in subject matter, limited in geographic scope, and for a period not exceeding thirty days. Its continuation shall be possible only with the approval of three-fifths of the legal membership of Parliament and, on each occasion, for a period not exceeding thirty days. The total duration of a state of emergency in any one instance shall not exceed six months. During a state of emergency, the Government may adopt and implement only such exceptional measures expressly provided by law as are necessary, temporary, and directed to the removal of the danger. Where a state of emergency has once been declared within a twelve-month period, the Government may not declare another state of emergency before the expiration of two years from the date of its end, unless with the prior authorization of Parliament. Even in a state of emergency, popular sovereignty, elections, the separation and balance of powers, judicial oversight, the prohibition of torture, the principle of legality in crime and punishment, fair trial, and the unamendable principles of this Constitution shall not be suspended.
No officeholder or institution shall have the right to use a state of emergency as a means to suspend Parliament, eliminate political competition, impose sweeping censorship, carry out arbitrary detention, establish unlimited martial rule, or bring about a permanent concentration of power. Any act or decision exceeding the lawful limits of a state of emergency shall be void and shall entail legal responsibility for the relevant officials.
Rationale and Justification…
Article 110 – Defense Treaties and the Presence of Allied Forces
The Government may, for the preservation of national security, the strengthening of deterrent capacity, the consolidation of ties with the free world, and the safeguarding of the independence and security of the country, conclude defense and security treaties and agreements with friendly and allied states. The conclusion of any binding defense or security treaty or agreement shall require the approval of the Senate. The establishment of a military base or the stationing of military forces of friendly and allied states on the territory of Iran shall be permitted only by law and with the approval of the Senate and the House of Representatives. The scope, duration, mission, number of forces, area of deployment, type of equipment, immunities, and financial and operational arrangements of such presence shall be explicit, limited, and subject to oversight. No treaty, agreement, or foreign military presence shall violate independence, territorial integrity, national sovereignty, the lawful command of the Government, or result in interference in the internal affairs of the country. The use by foreign forces of the territory, airspace, waters, bases, or facilities of Iran beyond the limits expressly prescribed by law and by the approved agreement is prohibited. Any extension, expansion, or substantial alteration of any foreign military base, deployment, or presence shall likewise be subject to the same procedures and approvals prescribed in this Article.
Rationale and Justification…
Chapter XII
Constitutional
Amendment
and
Limits of the
Constitution
Article 111 – Unamendable and Anti-Despotism Principles
The fundamental principles of this Constitution, including popular sovereignty, territorial integrity, secularism, equality of citizens, the exercise of sovereignty through free and periodic elections, the separation and balance of powers, judicial independence, the prohibition of concentration of power, and Article 6 – the right of armed self-defense, are unamendable and anti-despotism principles. No individual, institution, branch, legislature, government, court, military command, or majority shall have the authority to alter, suspend, disable, or render ineffective these principles. War, a state of emergency, a security threat, insurrection, public crisis, or any similar circumstance shall likewise not justify the violation, suspension, or circumvention of these principles. Any law, decision, order, act, or agreement contrary to this Article shall be null and void ab initio and of no legal effect, and those who order, commit, or are responsible for such acts shall, as the case may be, be subject to removal from office, disqualification from public office, and legal responsibility.
Rationale and Justification…
Article 112 – Amendment of the Constitution
Amendment of the Articles of this Constitution, other than the unamendable principles, shall be possible only upon the proposal of the Government, the approval of two-thirds of the legal membership of Parliament, and ratification in a public referendum. No amendment shall violate the unamendable principles of this Constitution. No officeholder or institution shall have the authority, outside the procedure prescribed in this Article, to alter, suspend, or render ineffective the Constitution.
Rationale and Justification…