chapter 09

Section 1 The PresidencyArticle 113 [President]After the office of Leadership, the President is the highest official in the country. His is theresponsibility for implementing the Constitution and acting as the head of the executive, except inmatters directly concerned with the office of the Leadership.Article 114 [Term]The President is elected for a four-year term by the direct vote of the people. His re-election for asuccessive term is permissible only once.Article 115 [Qualifications]The President must be elected from among religious and political personalities possessing thefollowing qualifications:- Iranian origin;- Iranian nationality;- administrative capacity and resourcefulness;- a good pastrecord;- trustworthiness and piety; and- convinced belief in the fundamental principles of the Islamic Republic of Iran and the officialmadhhab of the country.Article 116 [Candidacy]Candidates nominated for the post of President must declare their candidature officially. Law laysdown the manner in which the President is to be elected.Article 117 [Majority]The President is elected by an absolute majority of votes polled by the voters. But if none of thecandidates is able to win such a majority in the first round, voting will take place a second timeon Friday of the following week. In the second round only the two candidates who receivedgreatest number of votes in the first round will participate. If, however, some of the candidatessecuring greatest votes in the first round withdraw from the elections, the final choice will bebetween the two candidates who won greater number of votes than all the remaining candidates.Article 118 [Supervisory Body]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, it lies witha supervisory body to be constituted by law.Article 119 [New Elections]The election of a new President must take place no later than one month before the end of theterm of the outgoing President. In the interim period before the election of the new President andthe end of the term of the outgoing President, the outgoing President will perform the duties ofthe President.Article 120 [Extensions]In case any of the candidates whose suitability is established in terms of the qualifications listedabove should die within ten days before polling day, the elections will be postponed for twoweeks. If one of the candidates securing greatest number of votes dies in the intervening periodbetween the first and second rounds of voting, the period for holding the second round of theelection will be extended for two weeks.Article 121 [Oath]The President must take the following oath and affix his signature to it at a session of the IslamicConsultative Assembly in the presence of the head of the judicial power and the members of theGuardian Council:"In the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence ofthe noble members of parliament and the people of Iran, by God, the Exalted and Almighty, that Iwill guard the official religion of the country, the order of the Islamic Republic, and theConstitution of the country; that I will devote all my capacities and abilities to the fulfillment ofthe 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 andjustice, refraining from every kind of arbitrary behavior; that I will protect the freedom anddignity of all citizens and the rights that the Constitution has accorded the people; that inguarding the frontiers and the political, economic, and cultural independence of the country I willnot avoid any necessary measure; that, seeking help from God and following the Prophet of Islamand the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, theauthority vested in me by the people as a sacred trust, and transfer it to whomever the people mayelect after me."Article 122 [Responsibility]The President, within the limits of his powers and duties, which he has by virtue of thisConstitution or other laws, is responsible to the people, the Leader and the Islamic ConsultativeAssembly.Article 123 [Signing Legislation]The President is obliged to sign legislation approved by the Assembly or the result of areferendum, after the legal procedures have been completed and it has been communicated tohim. After signing, he must forward it to the responsible authorities for implementation.Article 124 [Presidential Deputies](1) The President may have deputies for the performance of his constitutional duties.(2) With the approval of the President, the first deputy of the President shall be vested with theresponsibilities of adMinistering the affairs of the Council of Ministers and coordination offunctions of other deputies.Article 125 [Treaties]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 asagreements pertaining to international organizations, after obtaining the approval of the IslamicConsultative Assembly.Article 126 [Planning, Budget]The President is responsible for national planning and budget and state employment affairs andmay entrust the administration of these to others.Article 127 [Special Representatives]In special circumstances, subject to approval of the Council of Ministers, the President mayappoint one or more special representatives with specific powers. In such cases, the decisions ofhis representative(s) will be considered as the same as those of the President and the Council ofMinisters.Article 128 [Ambassadors]The ambassadors shall be appointed upon the recommendation of the foreign Minister andapproval of the President. The President signs the credentials of ambassadors and receives thecredentials presented by the ambassadors of the foreign countries.Article 129 [State Decorations]The award of state decorations is a prerogative of the President.Article 130 [Resignation]The President shall submit his resignation to the Leader and shall continue performing his dutiesuntil his resignation is not accepted.Article 131 [Interim President]In case of death, dismissal, resignation, absence, or illness lasting longer than two months of thePresident or when his term in office has ended and a new president has not been elected due tosome impediments, or similar other circumstances, his first deputy shall assume, with theapproval of the Leader, the powers and functions of the President. The Council, consisting of theSpeaker of the Islamic Consultative Assembly, head of the judicial power, and the first deputy ofthe President, is obliged to arrange for a new President to be elected within a maximum period offifty days. In case of death of the first deputy to the President, or other matters which prevent himto perform his duties or when the President does not have a first deputy, the Leader shall appointanother person in his place.Article 132 [Restricted Interim Period]During the period when the powers and responsibilities of the President are assigned to his firstdeputy or the other person in accordance with Article 131, neither can the Ministers beinterpellated nor can a vote of no confidence be passed against them. Also, neither can any stepbe undertaken for a review of the Constitution, nor a national referendum be held.Section 2 The President and MinistersArticle 133 [Appointment of Ministers]Ministers will be appointed by the President and will be presented to the Assembly for a vote ofconfidence. With the change of Assembly, a new vote of confidence will not be necessary. Thenumber of Ministers and the jurisdiction of each will be determined by law.Article 134 [Council of Ministers](1) The President is the head of the Council of Ministers. He supervises the work of the Ministersand takes all necessary measures to coordinate the decisions of the government. With thecooperation of the Ministers, he determines the program and policies of the government andimplements the laws.(2) In the case of discrepancies or interferences in the constitutional duties of the governmentagencies, the decision of the Council of Ministers at the request of the President shall be bindingprovided it does not call for an interpretation of or modification in the laws.(3) The President is responsible to the Assembly for the actions of the Council of Ministers.Article 135 [Dismissal, Caretaker](1) The Ministers shall continue in office unless they are dismissed, or given a vote of noconfidence by the Assembly as a result of their interpellation, or a motion for a vote of noconfidence against them.(2) The resignation of the Council of Ministers or that of each of them shall be submitted to thePresident, and the Council of Ministers shall continue to function until such time as the newgovernment is appointed.(3) The President can appoint a caretaker for maximum period of three months for the ministrieshaving no Minister.Article 136 [Vote of Confidence]The President can dismiss the Ministers and in such a case he must obtain a vote of confidencefor the new Minister(s) from the Assembly. In case half of the members of the Council ofMinisters are changed after the government has received its vote of confidence from theAssembly, the government must seek a fresh vote of confidence from the Assembly.Article 137 [Responsibility]Each of the Ministers is responsible for his duties to the President and the Assembly, but inmatters approved by the Council of Ministers as a whole, he is also responsible for the actions ofthe others.Article 138 [Implementation of Laws, Ministerial Commissions](1) In addition to instances in which the Council of Ministers or a single Minister is authorized toframe procedures for the imple mentation of laws, the Council of Ministers has the right to laydown rules, regulations, and procedures for performing its administrative duties, ensuring theimplementation of laws, and setting up administrative bodies. Each of the Ministers also has theright to frame regulations and issue orders in matters within his jurisdiction and in conformitywith the decisions of the Council of Ministers. However, the control of all such regulations mustnot violate the letter or the spirit of the law.(2) The government can entrust any portion of its task to commissions composed of someMinisters. The decisions of such commissions within the rules will be binding after theendorsement of the President.(3) The ratifications and the regulations of the Government and the decisions of the commissionsmentioned under this article shall also be brought to the notice of the Speaker of the IslamicConsultative Assembly while being communicated for implementation so that in the event hefinds them contrary to law, he may send the same stating the reason for reconsideration by theCouncil of Ministers.Article 139 [Property Claims]The settlement of claims relating to public and state property or the referral thereof to arbitrationis in every case dependent on the approval of the Council of Ministers, and the Assembly must beinformed of these matters. In cases where one party to the dispute is a foreigner, as well as inimportant cases that are purely domestic, the approval of the Assembly must also be obtained.Law will specify the important cases intended here.Article 140 [No Immunity]Allegations of common crimes against the President, his deputies, and the Ministers will beinvestigated in common courts of justice with the knowledge of the Islamic ConsultativeAssembly.Article 141 [Incompatibility](1) The President the deputies to the President Ministers and Government employees cannot holdmore than one Government position, and it is forbidden for them to hold any kind of additionalpost in institutions of which all or a part of the capital belongs to the government or publicinstitutions, to be a member of the Islamic Consultative Assembly, to practice the profession ofattorney or legal adviser, or to hold the post of president managing director, or membership of theboard ofdirectors of any kind of private company, with the exception of cooperative companies affiliatedto the government departments and institutions.(2) Teaching positions in universities and research institutions are exempted from this rule.Article 142 [Asset Control]The assets of the Leader, the President, the deputies to the President, and Ministers, as well asthose of their spouses and offspring, are to be examined before and after their term of office bythe head of the judicial power, in order to ensure they have not increased in a fashion contrary tolaw.Section 3 The Army and the Islamic Revolution Guards CorpsArticle 143 [Army Functions]The Army of the Islamic Republic of Iran is responsible for guarding the independence andterritorial integrity of the country, as well as the order of the Islamic Republic.Article 144 [Islamic Army]The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamicideology and the people, and must recruit into its servic e individuals who have faith in theobjectives of the Islamic Revolution and are devoted to the cause of realizing its goals.Article 145 [No Foreigners]No foreigner will be accepted into the Army or security forces of the country.Article 146 [No Foreign Military Base]The establishment of any kind of foreign military base in Iran, even for peaceful purposes, isforbidden.Article 147 [Peace Functions]In time of peace, the government must utilize the personnel and technical equipment of the Armyin relief operations, and for educational and productive ends, and the Construction Jihad whilefully observing the criteria of Islamic justice and ensuring that such utilization does not harm thecombat-readiness of the Army.Article 148 [No Personal Use]All forms of personal use of military vehicles, equipment, and other means, as well as takingadvantage of Army and chauffeurs or bidden.Article 149 [Promotions]Promotions in military rank and their withdrawal take place in accordance with the law.Article 150 [Islamic Revolution Guards Corps]The Islamic Revolution Guards Corps, organized in the early days of the triumph of theRevolution, is to be maintained so that it may continue in its role of guarding the Revolution andits achievements. The scope of the duties of this Corps, and its areas of responsibility, in relationto the duties and areas of responsibility of the other Armed Forces, are to be determined by lawwith emphasis on brotherly cooperation and harmony among them.Article 151 [Military Training]In accordance with the noble Koranic verse: "Prepare against them whatever force you are ableto muster, and horses ready for battle, striking fear into God's enemy and your enemy, and othersbeyond them unknown to you but known to God..." [8:60], the government is obliged to provide aprogram of military training, with all requisite facilities, for all its citizens, in accordance with theIslamic criteria, in such a way that all citizens will always be able to engage in the armed defenceof the Islamic Republic of Iran. The possession of arms, however, requires the granting ofpermission by the competent authorities.