9.1- The Presidency
Article 113
After the office of Leadership, the President is the highest official in the country. His is
the responsibility for implementing the Constitution and acting as the head of the
executive, except in matters directly concerned with (the office of) the Leadership.
Article 114
The President is elected for a four-year term by the direct vote of the people. His
re-election for a successive term is permissible only once.
Article 115
The President must be elected from among religious and political personalities
possessing the following qualifications: Iranian origin; Iranian nationality; administrative
capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced
belief in the fundamental principles of the Islamic Republic of Iran and the official
madhhab of the country.
Article 116
Candidates nominated for the post of President must declare their candidature officially.
Law lays down the manner in which the President is to be elected.
Article 117
The President is elected by an absolute majority of votes polled by the voters. But if
none of the candidates is able to win such a majority In the first round, voting will take
place a second time on Friday of the following week. In the second round only the two
candidates who received greatest number of votes in the first round will participate. If,
however, some of the candidates securing greatest votes in the first round withdraw
from the elections, the final choice will be between the two candidates who won greater
number of votes than all the remaining candidates.
Article 118
Responsibility for the supervision of the election, of the President lies with the Guardian
Council, as stipulated in Article 99. But before the establishment of the first Guardian
Council, however, it lies with a supervisory body to be constituted by law.
Article 119
The election of a new President must take place no later than one month before the end
of the term of the outgoing President. In the interim period before the election of the new
President and the end of the term of the outgoing President, the outgoing President will
perform the duties of the, President.
Article 120
In case any of the candidates whose suitability is established in terms of the qualifications
listed above should die within ten days before polling day, the elections will be
postponed for two weeks. If one of the candidates securing greatest number of votes
dies in the intervening period between the first and second rounds of voting, the period
for holding (the second round of) the election will be extended for two weeks.
Article 121
The President must take the following oath and affix his signature to it at a session of the
Islamic Consultative Assembly in the presence of the head of the judicial power and the
members of the Guardian Council:
In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in
the presence of the Noble Qur'an and the people of Iran, by God, the Exalted
and Almighty, that I will guard the official religion of the country, the order of the
Islamic Republic and the Constitution of the country; that I will devote all my
capacities and abilities to the fulfillment of the responsibilities that I have assumed;
that I will dedicate myself to the service of the people, the honor of the country,
the propagation of religion and morality, and the support of truth and justice,
refraining from every kind of arbitrary behavior; that I will protect the freedom
and dignity of all citizens and the rights that the Constitution has accorded the
people; that in guarding the frontiers and the political, economic, and cultural
independence of the country I will not shirk any necessary measure; that, seeking
help from God and following the Prophet of Islam and the infallible Imams (peace
be upon them), I will guard, as a pious and selfless trustee, the authority vested in
me by the people as a sacred trust, and transfer it to whomever the people may
elect after me.
Article 122
The President, within the limits of his powers and duties, which he has by virtue of this
Constitution or other laws, is responsible to the people, the Leader and the Islamic
Consultative Assembly.
Article 123
The President is obliged to sign legislation approved by the Assembly or the result of a
referendum, after the (related) legal procedures have been completed and it has been
communicated to him. After signing, he must forward it to the responsible authorities for
implementation.
Article 124
The President may have deputies for the performance of his constitutional duties. With
the approval of the President, the first deputy of the President shall be vested with the
responsibilities of administering the affairs of the Council of Ministers and coordination
of functions of other deputies.
Article 125
The President or his legal representative has the authority to sign treaties, protocols,
contracts, and agreements concluded by the Iranian government with other
governments, as well as agreements pertaining to international organizations, after
obtaining the approval of the Islamic Consultative Assembly.
Article 126
The President is responsible for national planning and budget and state employment
affairs and may entrust the administration of these to others.
Article 127
In special circumstances, subject to approval of the Council of Ministers the President
may appoint one or more special representatives with specific powers. In such cases,
the decisions of his representative(s) will be considered as tee same as those of the
President and the Council of Ministers.
Article 128
The ambassadors shall be appointed upon the recommendation of the foreign minister
and approval of the President. The President signs the credentials of ambassadors and
receives the credentials presented by the ambassadors ,of the foreign countries.
Article 129
The award of state decorations is a prerogative of the President.
Article 130
The President shall submit his resignation to the Leader and shall continue performing his
duties until his resignation is not accepted.
Article 131
In case of death, dismissal, resignation, absence, or illness lasting longer than two
months of the President, or when his term in office has ended and a new president has
not been elected due to some impediments, or similar other circumstances, his first
deputy shall assume, with the approval of the Leader, the powers and functions of the
President. The Council, consisting of the Speaker of the Islamic Consultative Assembly,
head, of the judicial power, and the first deputy of the President, is obliged to arrange
for a new President to be elected within a maximum period of fifty days. In case of
death of the first deputy to the President, or other matters which prevent him to perform
his duties, or when the President does not have a first deputy, the Leader shall appoint
another person in his place.
Article 132
During the period when the powers and responsibilities of the President are assigned to
his first deputy or the other person in accordance with Article 131, neither can the
ministers be interpolated nor can a vote of no-confidence be passed against them.
Also,neither can any step be undertaken for a review of the Constitution, nor a national
referendum be held.
9.2- The President and Ministers
Article 133
Ministers will be appointed by the President and will be presented to the Assembly for a
vote of confidence. With the change of Assembly, a new vote of confidence will not be
necessary. The number of ministers and the jurisdiction of each will be determined by
law.
Article 134
The President is the head of the Council of Ministers. He supervises the work of the
ministers and takes all necessary measures to coordinate the decisions of the
government. With the cooperation of the ministers, he determines the programme and
policies of the government and implements the laws. In the case of discrepancies, or
interferences in the constitutional duties of the government agencies, the decision of the
Council of Ministers at the request of the President shall be binding provided it does not
call for an interpretation of or modification in the laws. The President is responsible to
the Assembly for the actions of the Council of Ministers.
Article 135
The ministers shall continue in office unless they are dismissed, or given a vote of
no-confidence by the Assembly as a result of their interpolation, or a motion for a vote
of no- confidence against them. The resignation of the Council of Ministers, or that of
each of them shall be submitted to the President, and the Council of Ministers shall
continue to function until such time as the new government is appointed. The President
can appoint a caretaker for a maximum period of three months for the ministries having
no minister.
Article 136
The President can dismiss the ministers and in such a case he must obtain a vote of
confidence for the new minister(s) from the Assembly. In case half of the members of
the Council of Ministers are changed after the government has received its vote of
confidence from the Assembly, the government must seek a fresh vote of confidence
from the Assembly.
Article 137
Each of the ministers is responsible for his duties to the President and the Assembly, but
in meters approved by the Council of Ministers as a whole, he is also responsible for the
actions of the others.
Article 138
In addition to instances in which the Council of Ministers or a single minister is
authorized to frame procedures for the implementation of laws, the Council of Ministers
has the right to lay down rules, regulations, and procedures for performing its
administrative duties, ensuring the implementation of laws, and setting up administrative
bodies. Each of the ministers also has the right to frame regulations and issue circular in
matters within his jurisdiction and in conformity with the decisions of the Council of
Ministers. However, the content of all such regulations must not violate the letter or the
spirit of the law. The government can entrust any portion of its task to the commissions
composed of some ministers. The decisions of such commissions within the rules will be
binding after the endorsement of the President. The ratification and the regulations of the
government and the decisions of the commissions mentioned under this Article shall also
be brought to the notice of the Speaker of the Islamic Consultative Assembly while
being communicated for implementation so that in the event he finds them contrary to
law, he may send the same stating the reason for reconsideration by the Council of
Ministers.
Article 139
The settlement, of claims relating to public and state property or the referral thereof to
arbitration is in every case dependent on the approval of the Council of Ministers, and
the Assembly must be informed of these matters. In cases where one party to the
dispute is a foreigner, as well as in important cases that are purely domestic, the
approval of the Assembly must also be obtained. Law will specify the important cases
intended here.
Article 140
Allegations of common crimes against the President, his deputies, and the ministers will
be investigated in common courts of justice with the' knowledge of the Islamic
Consultative Assembly.
Article 141
The President, the deputies to the President, ministers, and government employees
cannot hold more than one government position, and it is forbidden for them to hold any
kind of additional post in institutions of which all or a part of the capital belongs to the
government or public institutions, to be a member of the Islamic Consultative Assembly,
to practice the profession of attorney or legal adviser, or to hold the post of president,
managing director, or membership of the board of directors of any kind of private
company, with the exception of cooperative companies affiliated to the government
departments and institutions. Teaching positions in universities and research institutions
are exempted from this rule.
Article 142
The assets of the Leader, the President, the deputies to the President, and ministers, as
well as those of their spouses and offspring, are to be examined before and after their
term of office by the head of the judicial power, in order to ensure they have not
increased in a fashion contrary to law.
9. 3- The Army and The Islamic Revolution Guards Corps
Article 143
The Army of the Islamic Republic of Iran is responsible for guarding the independence
and territorial integrity of the country, as well as the order of the Islamic Republic.
Article 144
The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to
Islamic ideology and the people, and must recruit into its service individuals who have
faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing
its goals.
Article 145
No foreigner will be accepted into the Army or security forces of the country.
Article 146
The establishment of any kind of foreign military base in Iran, even for peaceful
purposes, is forbidden.
Article 147
In time of peace, the government must utilize the personnel and technical equipment of
the Army in relief operations, and for educational and productive ends, and the
Construction Jihad, while fully observing the criteria of Islamic justice and ensuring that
such utilization does not harm the combat-readiness of the Army.
Article 148
All forms of personal use of military vehicles, equipment, and other means, as well as
taking advantage of Army personnel as personal servants and chauffeurs or in similar
capacities, are forbidden.
Article 149
Promotions in military rank and their withdrawal take place in accordance with the law.
Article 150
The Islamic Revolution Guards Corps, organized in the early days of the triumph of the
Revolution, is to be maintained so that it may continue in its role of guarding the
Revolution and its achievements. The scope of the duties of this Corps, and its areas of
responsibility, in relation to the duties and areas of responsibility of the other armed
forces, are to be determined by law, with emphasis on brotherly cooperation and
harmony among them.
Article 151
In accordance with the noble Qur'anic verse:
(Prepare against them whatever force you are able to muster, and horses ready
for battle, striking fear into God's enemy and your enemy, and others beyond
them unknown to you but known to God... [8:60]).
the government is oblige to provide a programme of military training, with all requisite
facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all
citizens will always be able to engage in the armed defence of the Islamic Republic of
Iran. The possession of arms, however, requires the granting of permission by the
competent authorities.
