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Project of the Constitution
of the Constitutional Republic of Iran For a quarter of a century the existence of the Islamist regime in Iran has brought nothing but repression, hunger, crime, despoilment, prostitution, and the generalization of drugs to the Iranian people. The diabolical dealings of this regime profits from the support of international religious colonialists as well as the betrayal of their opposition (the fifth column of the regime) which is attempting to reinforce said regime have driven the Iranian people to this official statement: only the overthrow of this regime can allow for the development of freedom and democracy in Iran. After numerous sudden jerks, the regime has proven to the Iranian people that neither reforms nor a referendum under this regime can bring any solutions, such as the liberation of Iran, developed and glorious. In order to have this, the regime must be overthrown. The PARS Organization and the Overthrow Committee have felt the necessity of elaborating the project of the constitutional law of the constitutional republic of Iran during these sensible moments of the history of our country. In doing so, there will be a renewal of solidarity among the Iranian people, who will support the constitution's just and legitimate claims. It is no longer to demonstrate that Iran is currently being tortured by a profound and generalized crisis. The socio-political, cultural, politico-economic crises as well as the ethnic and religious dissensions within the heart of the Iranian people have lowered the place of our people within the international community. The Iranian people should never doubt that the origin of their troubles resides in the Islamist regime that it should overthrow through its solidarity. The PARS Organization and the Overthrow Committee propose a structure for the future of Iran which, following the overthrow of this Islamist regime, will assure freedom, equality, brotherhood, and solidarity for the Iranian people, allowing them to create a free and prosperous country. We propose to the Iranian people the foundation of a regime of a constitutional republic. The project of the constitutional law which follows is intended to be examined by the future constituent assembly and submitted for the approval of the Iranian people.
Chapter 1 The Foundations of the Constitutional Republic of Iran
Article 1: The foundation of a modern and developed society in which religion will be separated from the policy of the State. Article 2: To guarantee the independence of judiciary power is one of the principle tasks of the government. Article 3: The politico-economic and socio-political processes of society should be led in the direction of the desires of the majority of the population and with the preservation of the interests and rights of the Iranian people. Article 4: The relations between the population and those responsible for the constitutional republic, that is the civil code, will be established and approved by the people and by its desires. Article 5: All the Iranian nationals, regardless of their religion, their ethnicity, and their sex, will benefit from the same rights. Cultural, ethnic, and religion diversity will be officially recognized. The cooperative management and the cultural and social freedoms will be preserved for the different ethnicities of Iran, because the respect of civil rights of the Iranian population such as it has been suggested by the Charter of Human Rights, is not contrary to the unity of our country. Article 6: The constructive contradictions and the suggestions of different parties will be taken into account for the economic, cultural, and social development of Iranian society. Article 7: The agricultural, industrial, mining, tourist projects and programs and the investments for the augmentation of capital and national richness will be put in place in order to improve the well being of the Iranian people and to ensure the equality of opportunities to all the classes of Iranian society in order to achieve its ideals and to allow for the increasing growth of the country in its entirety. Article 8: The human and just relations between works and patrons, between civil servants and the leaders, and the respect of social equality in civil law, and finally the responsibility of the government for its actions for social well being, will be favored. Article 9: The population will be protected by the government. All people will have the right to benefit from a job allowing them to ensure a rising level of quality of life which ensures the health of the population and that of their families with regards to food, lodging, medical needs, and social services. All will have the right to benefit from social coverage in case of unemployment, sickness, weakness, widowhood, and old age. The family, principle foundation of society, should be supported and protected by the society and the public powers. Article 10: All people will have the freedom of thought and freedom of religion. This right demands the freedom to change religions or faith, the freedom of religious expression in a collective manner, private or public. Article 11: None of these liberties should threaten the interests and the rights of the entirety of the Iranian people. Article 12: The regime of the constitutional republic of Iran is a democratic regime at the service of the Iranian people and puts to work the desire of the majority of the Iranian population. It will respond to these desires in the face of the Iranian people. Article 13: The foundations of the constitutional republic should be respected and applied completely by the people and those responsible for the republic. Article 14: The constitution of the Iranian constitutional republic governs the relations between the public powers and the population. In this context, those responsible for the public power will receive their legitimacy through the people and are responsible before said people and its representatives.
Chapter 2 The Points of View and the Democratic Principles of the Constitutional Law of the Constitutional Republic of Iran
Article 15: The constitutional republic is separated from any religion and any individual or collective belief. Article 16: The motto of the Republic is friendship, brotherhood, equality, and solidarity with a view to construct Iran. Article 17: Those responsible of state control will be elected by the people and should respond to said people. Article 18: The regime of the constitutional republic of Iran will be composed of legislative, judicial, and executive powers which will execute their missions in an independent manner. Article 19: The Iranian flag will carry the colors green, white, and red. Article 20: The official language of Iran is Persian and the development of regional languages will be encouraged. Article 21: The capital of Iran is the city of Tehran. Article 22: All Iranians will be equal before the law. Article 23: The honor of being a human is inalienable. All the governmental organizations should respect this principle. Article 24: The life, the goods, the lodging, and the honor of each individual are protected from all aggression. No one can threaten them except in cases authorized by the law.
Chapter 3 Human Rights
Article 25: All people have the right to establish their personalities, that is without violating the rights of others or the laws founded in the constitution. Article 26: All people have the right to a job and social protection. Individual liberty is inalienable. Any restriction of rights will not be authorized except according to the law. Article 27: Executions, mutilations, and corporal punishment are forbidden. Article 28: Men and women will benefit from equal rights. The government ensures true equality of the rights between the two sexes and acts to eradicate the existing inequalities. Article 29: No one will benefit from an advantage or be privileged because of sex, origins, race, language, or place of birth or because of religious or socio-political belief. Article 30: Freedom of thought and religious and ideological belief is inalienable. Article 31: The religious ceremonies for all religions are free in the local premises to each individual as well as in public places, which will be submitted to the preliminary authorization of the Minister of the Interior and in coordination with this last. Article 32: All people, regardless of their religious beliefs, will benefit from all the rights of any citizen when it comes to finding jobs in public or private organisms. Article 33: No one is authorized to spread propaganda of personal religious ideas. The civil servants can only interrogate a person regarding their religious beliefs if it is in favor of or is tied to or in case of legal census and terrorist acts. Article 34: No one is obliged to carry out religious tasks or participate in ceremonies such as parties, mourning, or religious sermons. Article 35: All people will have the right to freely express their thoughts through speech, writing, or images. The freedom of press and of media will ensure through the radio, television, and cinematic films in the defined context of the constitutional law.
Chapter 4 The Suppression of All Forms of Discrimination Regarding Women
Article 36: Men and women, independent of their marital situation, will be equal. They will benefit from individual and fundamental liberties in political, cultural, social, and economical domains and also concerning civil rights, the relative questions of marriage and divorce. Article 37: The public powers should ensure the equality of rights between women and men through public institutions in order to avoid any form of discrimination regarding women. Article 38: Women have the right to participate in all elections and referendums and can deposit their candidacy to the elections at any electoral instance. They have the right to participate in the putting to work of governmental policies at all levels. Article 39: The marriage of an Iranian woman with a man of foreign nationality, or the changing of nationality of the husband during the period of marriage, will not automatically render the loss of her nationality or the imposition of the nationality of the husband through his wife. Article 40: In these conditions, during their period of pregnancy, delivery, and afterwards, women will benefit from free public services. In case of necessity, the State will provide nutritional needs as well as the social well being of future mothers. Article 41: The constitutional law of the constitutional republic of Iran registers itself at the decree number 34/180 of the General Assembly and the Organization of the United Nations approved the 3rd of September, 1981, and respects the relative convention of the suppression of all forms of discrimination between women and men. Article 42: Family is particularly supported by the law. Article 43: The education of children is the natural right and the principle task of the parents. In this domain the principle responsibility is incumbent upon the State and the Ministers, among them the Minister of Education and of Superior Education. Article 44: In the case where the parents are not undertaking their task or, for other reasons, if the children are in danger, only the law can permit State organizations to change their education. Article 45: All mothers will benefit from the aide and the support of public powers for the education of their child.
Chapter 5 Social Principles
Article 46: The national education, higher education, and the centers of research are placed under the aegis of public powers. Article 47: The right to found private schools is ensured. The foundation of private schools to substitute public schools demands the authorization of public powers. These should respect the programs of the public schools and should not be qualitatively inferior. Article 48: The Iranian citizens can gather in public spaces with the preliminary authorization of legal authorities and in coordination with them. Article 49: All Iranians have the right to found and to enroll in humanitarian, cultural, and charity associations. Article 50: All associations and organizations whose objectives and activities are in contradiction with the penal law or with the guaranteed order by the constitution or which threaten peace within the heart of the people is declared prohibited. Article 51: The right to create professional organizations in order to preserve and improve working conditions is respected. Article 52: The mayor is directly elected by the people for the duration of 4 years and carries out its functions in relation with the representative of the Minister of Urbanization and Lodgment. Article 53: Privacy regarding postal communications and telephone lines is assured except in case of threat of security and the interests of the Iranian people. Article 54: The utilization of telephonic listening-in devices is authorized only when necessary to protect the interests and the rights of the Iranian people. Article 55: All Iranians can freely choose their profession and place of residence, as well as freely move within the country. Article 56: Obligatory work is not authorized except in case of imprisonment, upon the decision of magistrates. Article 57: All Iranian men and women can be drafted into military services upon reaching the age of 18 but a deferment can be granted in the case of students. Article 58: Military service has the duration of one year. Article 59: The location of housing is inviolable. Article 60: The search of a house can only be undertaken upon the order of a judge and in the context of legal dispositions. Article 61: The right to own property and the right to inheritance are guaranteed. Article 62: Expropriation should have as a goal general well being. It can only be undertaken in the context of the law which should equally determine the amount of the damages. This will be fixed in accordance with the general interests of those of the concerned parties. Article 63: Natural resources, mines, forests, deserts, mountains, and plains, not having propriety deeds, belong to all Iranian people. The State has the responsibility of their exploitation and their planning. Article 64: The dual-nationality of Iranian citizens is authorized. Article 65: The withdrawal of Iranian nationality is only authorized in the context of the law and in order to guarantee national security. Article 66: All Iranians having dual-nationality must respect the civil code and the Iranian constitutional law so long as they reside in Iran. Article 67: All nationals of other countries pursued for socio-political and cultural reasons can benefit from the right of exile in Iran. These terms of exile will be defined by a distinct law.
Chapter 6 The Powers and the Responsibilities of the President of the Constitutional Republic of Iran
Article 68: The President of the constitutional republic of Iran is a guarantor of the constitution, national unity, and the putting to work of legislative, judicial, and executive powers. Article 69: The President of the constitutional republic of Iran is a guarantor of the independence and the territorial integrity of Iran. Article 70: The President of the constitutional republic of Iran is elected by the people for the duration of 4 years. Article 71: The President of the constitutional republic of Iran is elected by the majority. If there is no majority at the time of the first round of elections, the two leading candidates will face each other a week later. At the time of the second round of elections, the leading candidate will be proclaimed president of the constitutional republic of Iran for the duration of 4 years. Article 72: The elections will be carried out under the control of the Minister of the Interior and under the basis of an electoral list established beforehand. Article 73: The presidential elections will be carried out in a minimum limit of 20 days and a maximum limit of 35 days before the end of the mandate of the exercising president. Article 74: In case of the death of one of the candidates before the development of the first tour of elections, the committee of the protection of the constitutional law has the right to delay the elections. Article 75: The President of the constitutional republic of Iran is the leader of the regime and is Commander in Chief of the armed forces as well as President of the National Council of Security. Article 76: The President of the constitutional republic of Iran approves or rejects the nomination of the Prime Minister and of its government. Article 77: The President of the constitutional republic of Iran presides over the Council of Ministers. Article 78: All the laws must be approved and promulgated by the President or else they cannot be applied. In case of the amending of a law, this can be resent to the Assembly before being signed by the President. Article 79: The President of the constitutional republic of Iran has the right to propose referendums bearing on the change of important laws or articles of the constitution. Article 80: The President of the constitutional republic of Iran has the right to dissolve the National Assembly after consultation with the Prime Minister and the President of the Assembly. Article 81: The reelection of the Assembly will take place over the minimum of 20 days and the maximum of 40 days after the dissolution and during a period of a year, the President of the republic will not have the right to dissolve the new Assembly. Article 82: The President of the constitutional republic of Iran approves the projects and the administrative laws proposed by the Council of Ministers. Article 83: In case of major force and after dialogue with the Prime Minister, the President of the Parliament and the Council of Guardians of the constitution, the President of the republic can make executive decisions in order to preserve the interests of independence the territorial integrity of the country and announce them through the intermediary of the media. Article 84: The Guardian Council of the regime is composed of the President of the republic, the Prime Minister, the President of the National Assembly, the President of the Senate, the President of the Constitutional Council, and their counselors. Article 85: The President of the constitutional republic of Iran approves the order of merit, medals of honor, the ambassadors, the representatives of the regime of the constitutional republic, the presidents of the provinces, and the prefects. Article 86: The President of the constitutional republic of Iran has the right to commute the penalties of prisoners. Article 87: The President of the constitutional republic of Iran communicates to the National Assembly through a messenger. Article 88: The orders of the President of the republic to be applied should be signed and approved by the Prime Minister and the Minister concerned. Article 89: The President of the republic cannot be a member of the government or of a legislative institution. Article 90: Before his nomination, the President of the republic must take the following oath before the members of the two assemblies: “I swear this oath before God and before the Iranian people to devote my abilities to the service of the Iranian people, to preserve the independence and the territorial integrity of the country, and to safeguard the Constitution. I will accomplish my tasks with integrity and I will guarantee the individual freedoms in the best manner and I will try to defend justice with regards to each person.” This oath cannot comport any religious reference. Article 91: In international relations, the President of the republic represents the Iranian people. He signs contracts with the foreign governments in the name of the Iranian people. Under consultation of the Minister of Foreign Affairs, he names the ambassadors and receives the ambassadors of other countries. Article 92: The President of the republic can name or revoke the judges, the high civil servants, the officers, and the non-commissioned officers. He can also entrust these powers to other people. Article 93: The National Assembly can, in accordance with the Constitutional Council and the approval of at least two thirds of the deputies, carry a complaint before the Council of the State in case of violation of the constitutional law by the President of the republic. Article 94: In the case where the Council of the State judges the President of the republic guilty, it can revoke him from his post. Presidential elections must therefore take place in a minimum of 20 days and maximum of 30 days. During the period of vacancy of the post of the presidency, the Vice-President will assume this charge.
Chapter 7 The Government
Article 95: The government is composed of the Prime Minister and its Ministers. Article 96: The party having brought in the majority of deputies to the National Assembly chooses the Prime Minister. His nomination must be approved by the President of the republic. Article 97: The Prime Minister proposes the Ministers to the President of the republic, who approves their nomination. Article 98: The Prime Minister and the Ministers swear the oath, as indicated in Article90, before the National Assembly, and accept their nomination. Article 99: The Prime Minister determines the line of political direction and is responsible for it. In the management of the affairs of his department in the context of the line of general direction, each Minister is independently responsible. In case of dispute among the Ministers, the Council of Ministers makes the appropriated decision. According to the rules approved by the Council of Ministers and approved by the President of the republic, the Prime Minister leads the Council of Ministers. Article 100: The Prime Minister names one of the Ministers in his capacity as assistant. Article 101: In case of election of a new National Assembly, the period of activity of the Prime Minister and his cabinet reaches the end of its term. Article 102: The cabinet pursues its activities until the nomination of a new Prime Minister and his cabinet. Article 103: The members of the government and the civil servants cannot be simultaneously deputies and senators.
Chapter 8 Legislative Power
Article 104: The legislative power includes the National Assembly and the Senate. Article 105: The deputies are elected by the people. Their number is proportional to the number of inhabitants in the cities, departments, and districts. For a population of 70 to 75 million inhabitants, the number of deputies will vary between 400 and 450 as it is described in the complement of this article. Article 106: The Senators are chosen among the elites, the patriots, and the experienced and respected people of the country. 50 per cent of the Senators are named by the President of the republic and 50 per cent are elected by the people. Their number is equivalent to a third of the deputies. The duration of their mandate is 4 years. Article 107: The National Assembly represents the majority of the Iranian population and makes decisions in the context of the constitutional law in the domains of well being, social, cultural, and economic policies of the country. Article 108: The head office of the National Assembly is in the capital of the country. Article 109: The duration of the mandate of the deputies lasts 4 years. The deputies can apply for a second mandate. Article 110: At the time of discussions on bills, the presence of at least a third of the deputies is required but at the time of the vote, the presence of at least a quarter of the deputies is indispensable. The majority will be acquired with more than half the votes of the deputies. Article 111: The periods of activity and of vacation of the Parliament will be defined by the interior regulation of the Parliament. Article 112: Before commencing their mandate, in taking the oath contained in Article 90, the deputies will accept to be representatives of the Iranian people. Article 113: The deputies will benefit from social and judicial immunity. No one can disturb them without information and the approval of the Parliament. If a member of the Parliament commits a misdemeanor or a crime or is arrested for a flagrant offence, he can only be condemned with the authorization of the Parliament. Article 114: The Parliament proposes the Prime Minister, to be approved by the President of the republic. Article 115: The debates in Parliament will be made public and the journalists can attend them without being authorized to make statements. Article 116: The Prime Minister and the Ministers can participate in the Parliamentary debates and can take the floor with the authorization of the President of the Parliament. Article 117: The Parliament has the right to make its propositions in the sense of the interests of the country and the people, to debate these propositions and to reach them after the approval of the Senate through the intermediary of the Prime Minister to the President of the republic for approval. Article 118: The bills can be presented by the government to the Parliament. Article 119: The examination of bills, the changes in the fiscal system, and the putting in place of new taxes must be approved by the Parliament before being put into application by the government. Article 120: The budget of each Minister must be fixed during the second half of each year for the following year and given in a limit of 15 days before the end of the year. Article 121: The National Assembly can act in the following domains: -Affairs relative to foreign affairs, national defense, and civil code. -Affairs relative to the naturalization in this national context. -Affairs relative to the free circulation, immigration, and emigration. -Monetary affairs—emission of bills and coins, and bonds. -Harmonization of the customs and commercial systems, the signing of commercial contracts and navigation, free exchange of merchandise, freedom of monetary exchanges abroad, customs nomenclatures, and the control of borders. -Affairs relative to aerial navigation. -Affairs relative to railway transportation, their construction and maintenance, and their locations. -Affairs relative to the post office and telecommunications. -Judicial affairs relative to civil servants of the State. -Affairs relative to the start of different professions, author rights, and publication rights. -Affairs relative to the relations between police and the people. -Affairs relative to the preservation of the regime founded on the constitutional law. -Defense of the integrity and the security of the country. -The civil right, penal law, and the putting into application of judicial rules, tribunal rules, defense lawyers, notaries, and judicial consultants. -The rules concerning marriages and divorces. -The right of associations and reunions. -The affairs relative to the residence of foreigners in Iran and the foundation of foreign enterprises. -Right to bear arms and explosives. -The affairs relative to those in exile and emigrants. -The affairs relative to general cooperation. -The affairs relative to war damages. -Economic rights (mines, industries, energy, artisans, small commerce, commerce, banks, stock markets, private and social insurance, retirement, and unemployment insurance.) -Production and utilization of nuclear energy and its defense. -Affairs relative to popular aid to the depraved. -Affairs relative to the aiding of education, their formation, and their improvement. -Privatization of land and national natural resources. -The development and encouragement of the creation of forests, agricultural products, imports and exports, agricultural and forest production, fishing, and the safeguarding of coasts. -To support economically the hospitals and to improve the sanitary level of hospital services. -In its entirety, the sanitary and medical affairs throughout the country. -The fundamental principles of the freedom of the press. -The preservation of vestiges and historic monuments. -The signing of international contracts will be examined by the Parliament following the proposition of the President of the republic. Article 122: The National Assembly can change the articles of the constitution with a majority of three quarters and with the approval of the President of the republic. Article 123: The laws and rules must be composed of their date of application. In the contrary case they will be applied within a limit of 14 days after their publication in the official paper. Article 124: The electoral laws and the required conditions for the candidates of the presidential and legislative elections will be determined by the National Assembly. Article 125: The declaration of war upon a third world country must be approved by the National Assembly, the Senate, and the President of the republic. Article 126: The state of Parliament seating will be approved by the Council of Ministers under the guide of the President of the republic. Article 127: In case of difference between the Prime Minister and the President of the Parliament, the Council of Guardians of the constitutional law will arbitrate. Article 128: All the Ministers and the Parliamentary representatives can demand a revision of the law. Article 129: The priorities of the Parliamentary debates will be fixed by the government. Article 130: Once a week Q&A sessions will take place between the Parliamentarians and the government. Article 131: Any Iranian citizen can present through writing his or her complaints, critiques, or grievances to the Secretariat of the National Assembly. Article 132: In case of necessity, the President of the National Assembly can have a reunion behind closed doors with ten Parliamentarians or Ministers. Article 133: If upon the demand of the President of the Assembly a reunion of Parliament is held behind closed doors, it will have the right to unveil a part of its discussions as it deems necessary. If the demand of the reunion behind closed doors has been formed by a Minister it is incumbent upon him to unveil this part that he will judge necessary. Article 134: In case of the rejection of a law by the National Assembly, the responsible Minister can represent this law in the Parliament after there having introducing its modifications. Article 135: The deputies can freely and clearly approve or reject a law. No one has the right to threaten them or exercise pressure upon these Parliamentarians. Article 136: A deputy can only put in order a question during Parliamentary debates if he has the endorsement of at least 15 deputies. In this case the question will be resubmitted in writing to the President of the Parliament who can transmit it to the Commission of Parliamentary Research. Article 137: Before the debate about the proposition formulated by a Minister, this last must be notified 15 days in advance so that he, himself, or his assistant will be present during the debates. In case of approval with the majority of votes, the law and its decree of application will be transferred to the Minister concerned so that he may take the necessary measures. Article 138: In case of question formulated by the Parliament regarding a Minister, this Minister in question is accountable for responding except in the case where his response can threaten the interests of the people and national security. In this case, after the expiration of the fixed period, the Minister must respond to the question. Article 139: The National Assembly and the Senate can arrest the Ministers and also judge them if necessary. The law will be applicable to them as well. Article 140: In the case where the National Assembly or the Senate, with a majority of three quarters, expresses their dissatisfaction with the entirety of the Ministers or one sole Minister, the totality of Ministers or the Minister concerned will be revoked. Article 141: The civil law looks hard at the faults and the complaints of the Ministers accused by the National Assembly or the Senate or following complaints the commonality in question.
Chapter 9 The Constitutional Council
Article 142: This Council includes 9 members named for the duration of 8 years: 3 by the President of the republic, 3 by the President of the National Assembly, and 3 by the President of the Senate. Article 143: The President of the Council of the Constitutional Law will be named by the President of the republic and will have but one voice. Article 144: The Council attends to the respect of the constitutional law by the President of the republic, the National Assembly, the Senate, and the government. Article 145: The Constitutional Council supervises the presidential elections. Article 146: To explain electoral complaints of the Senate and the National Assembly. Article 147: To supervise the referendum. Article 148: Before the approval of any law by the President of the republic, the Constitutional Council verifies that it corresponds to the constitutional law. Article 149: No bill can be applicable without the approval of the Constitutional Council. Article 150: The position and influence of the Constitutional Council is situated on the top of legislative, judiciary, and executive powers. The internal regulations of the Constitutional Council will be fixed by the Council itself.
Chapter 10 Judiciary Affairs
Article 151: The President of the republic is the guarantor of independence, sincerity, and the equity of the judiciary power. Article 152: The judiciary power applies itself through the intermediary of the Council of the State, the Supreme Court of Appeal, and the Supreme Tribunal, as well as the tribunals of the country, provinces, and cities as is written in the constitutional law. Article 153: The Council of the State is composed of magistrates. Its president is the President of the republic. The Minister of Justice is the assistant to the President of the Council of the State. Article 154: The members of the Council of the State are 9, named for a period of 4 years by the President of the republic. Article 155: The Council of the State will put into action the judicial laws in conformity with the constitutional law. Article 156: Supreme administrative, financial, social, and workers tribunals will each take charge of their respective domains and will do so under the control of the Council of the State. Article 157: The magistrates of the Supreme Administrative Tribunal will be named equal on points by the National Assembly and the Senate and with a mission to examine the complaints deposited against the civil servants of the State. Article 158: The Tribunal of Administrative Affairs will be composed of magistrates named by the Minister of Justice and with a mission to examine the complaints deposited against the civil servants of the State. Article 159: The government must arrange for a tribunal of the armed forces. The seated magistrates in this court must apply the laws voted upon by the Parliament. Article 160: The tribunals are public unless it would threaten the security or the interests of the nation. Article 161: The judges and those responsible for the tribunals and the leaders of the different sectors of the Ministry of Justice will be named on the basis of the law and after the approval of the President of the republic. Article 162: No judge can be revoked in a provisory or permanent manner without judgment and without proof of crime except in case of resignation. Article 163: The appointments of the judges will be fixed by the law. Article 164: The judges of the tribunals can have no other function than in their public or private sector. Article 165: In the case where a judge commits an act contrary to the constitution or the law, the National Assembly or the Council of the State, with a majority of two thirds, can demand that he be transferred to another post. In the case where the fault is admitted to have been committed intentionally, he can be revoked. Article 166: The complaints deposited against the judges will be examined by the Supreme Court of Appeal. Article 167: In the case where the decision of a judge proves itself to be contrary to the constitutional law or other laws in force, it is possible to demand its revision by the superior courts or by the Supreme Court of Appeal, and as a last resort, by the Council of the State. Article 168: All people have the right to defend themselves before a tribunal. To do this one can demand the free services of a lawyer. Article 169: No act will be considered as unlawful except if is this has been foreseen by the law. Article 170: No can one can condemned several times for the same crime. Article 171: The freedom of a person can only be limited in the context of the law and according to the foreseen terms and conditions by the law. All forms of physical or psychological pressure upon a detainee are forbidden. Article 172: The decision of imprisonment and duration of imprisonment are the prerogatives of the judge. For any arrest, one must demand the decision of the judge. The police can only detain a person for 24 hours. The arrest of a person should be immediately communicated to their closest family or to a person with whom he or she confides in.
Chapter 11 Financial Affairs
Article 173: The State is accountable for paying the fees devolving upon their administrative activities. Article 174: The government is the only power to make decisions concerning customs rights and financial and fiscal affairs upon approval from the National Assembly. Article 175: The revenues issued from governing and the tax system return to the State: tax on the revenue, tax on goods, tax on inheritance, roadway taxes, and taxes on vehicles, indirect taxes on merchandise and agricultural products. Article 176: The financial administrations of the country, the customs administration, the financial governing, and the indirect taxes will be fixed according to the law. Article 177: The codification of fiscal laws is a part of the prerogatives of the State. These laws must be approved by the National Assembly before being brought into force. Article 178: In the calculation of its revenues and expenditures, the State must take into account the economic equilibrium of the country. Article 179: The law determines the case of fiscal exemption. Article 180: The project of the budget of the government must be approved by the National Assembly. Article 181: The exceeding of budgets in relation to the law of finances must be approved by the Minister of Economy and of Finances. Article 182: The Minister of the Economy and of Finances must transmit each year to the National Assembly a list of revenues and expenditures as well as the goods and the debts of the State. Article 183: The transmission of powers for the obtaining of credits or for guarantees which add to the expenditures underway as well as their amount must be made on the basis of the law. The revenues stemming from credits must not exceed the total amount of foreseen investments in the budget. Only in the case of the prevention of unbalance in the entirety of the economy of the country are exceptions made. Their precise terms and conditions will be fixed by the law.
Chapter 12 Economic and Social Council of the Country
Article 184: The economic and social council of the country is composed of economic and social specialists. Three of its members are named by the President of the republic and two by the Prime Minister. Its mission is to examine the economic and social projects of the government, the planning and the budget, and to advise the government and the National Assembly. Its power will be defined by the law.
Chapter 13 Security Council of the Country
Article 185: The Security Council of the country is composed of information specialists who are charged with the maintenance of order. Its reunions take place at the bureau of the President of the republic. Its members are the Prime Minister, the Minister of the Interior, the Minister of Defense, the commanders of the three bodies of the armed forces, the Minister of the Economy, their assistants, and their advisors. The direction of the Security Council of the country is ensured by the President of the republic. This Council gathers together upon the demand of the President of the republic or upon the proposition of one of the members of the Council, or in case of major force.
Chapter 14 The Defensive Situation
Article 186: The determination of the defensive situation, in case of armed aggression against the territory of the constitutional republic, rises from the National Assembly. The relative text will be read by the President of the republic, who is the general commander of the armed forces. Article 187: In case of major force, and if it proves itself impossible to summon up the National Assembly in a timely manner, the defensive situation will be determined by a common commission with their two thirds of votes minimum or with the majority of the votes. Article 188: The common commission will be composed of two representatives of the President of the republic, two representatives of the Prime Minister, the President of the National Assembly, the President of the Senate, and the President of the Constitutional Council. Article 189: In case of declaration of a defensive situation and military aggression against the territory of the constitutional republic of Iran, the President of the republic, with the approval of the National Assembly, can issue a declaration founded on international right. In case of major force and the lack of time, the common commission will have this responsibility. Article 190: In case of a defensive situation, if the common commission elected with two thirds votes minimum or with the majority of votes arrives at the conclusion that the convocation of the National Assembly cannot take place, the common commission can replace the National Assembly with the same prerogatives as those of the Assembly. Article 191: During the period of a defensive situation, the next election of the National Assembly will take place 6 months after the end of the defensive situation. Article 192: In case of the necessity to elect a new Prime Minister, the President of the republic will propose a candidate to the common commission. Article 193: During the period of any defensive situation, the Parliament cannot be dissolved. Article 194: The common commission is not authorized to vote for new laws which will globally or in part change the constitutional law, which will suspend or prevent its application. Article 195: The laws promulgated by the common commission will become null and void after a maximum of six months after the end of the period of the defensive situation. Article 196: After the approval of the common commission or the National Assembly and after the declaration of the President of the republic, the defensive situation will be suspended.
Chapter 15 The Administrative Divisions
Article 197: Iran will be divided into districts, departments, cities, and provinces. Article 198: The mayor has the responsibility of the development and modernization of the city as well as the well being of the citizens. He will be elected for a period of 4 years under the control and in relation with the Minister of the Interior. The mayor will act in harmony with the Minister of Lodgment. Article 199: Municipal, departmental, and district councils exist, whose members are elected by the inhabitants. They will hold their meetings in the town halls or the district offices. They will have the right to survey the actions of the town halls and the districts. The status of the councils will be defined by the constituent assembly. Article 200: The social and economic planning councilors of the country can be foreign nationals.
Regulations Concerning the Transitional Period
Long live Iran Long live the heroic people of Iran
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