The Legislative Power

Part I: The Islamic Consultative Assembly (Majles)

Article 62: The Islamic Consultative Assembly consists of the representatives of the nation who are elected directly and by secret ballot. The law determines the qualifications of the electors and the elected and the manner of the elections.

Article 63: The term of representation in the Islamic Consultative Assembly is four years. Elections for each term must be conducted before the previous term has ended so the country is never without an Assembly.

Article 64: There shall be 270 representatives in the Islamic Consultative Assembly. Every ten years, after the referendum of the year 1368, having considered the demographic, political and geographic, and other factors, at the most twenty representatives can be added. The Zoroastrians and the Jews each elect one representative; the Assyrian and Chaldean Christians elect one representative together; the Armenian Christians of the North and the South each elect one representative.

The law determines voting districts and the number of the representatives. Article 65: After the elections are held, and when two-thirds of all representatives are present, the Assembly is in session. The ratification of proposals and bills shall be carried out in accordance with the internal protocol of the Assembly, except in instances where the constitution has set a specific quorum.

The ratification of internal protocols requires the agreement of two-thirds of those present.

Article 66: The process of election of the president [of the Assembly], the governing council, the number of commissions and their terms and issues, and matters relating to the proceedings and order of the Assembly should all be determined by its internal protocols.

Article 67: At the first session of the Assembly the representatives should take the following oath and add their signature to it.

7 Article 64 (1979 Edition): There shall be 270 representatives in the National Consultative Assembly. Every ten

years, if the population of the nation increases, at each voting district, one new representative will be added for each

additional 150,000 people. Every ten years, if the population of each minority group increases, a new representative

will be added for every additional 150,000 people.

The Zoroastrians and the Jews each elect one representative; the Armenian Christians of the North and the South

each elect one representative. The law determines the regulations pertinent to the elections.

17

In the Name of Allah, Most Gracious, Most Merciful

Before the holy Qur’an, and the Exalted and powerful God, I take an oath on God

the exalted and powerful. Relying on human dignity I pledge that I will be the

guardian of the sanctity of Islam, and the protector of the achievements of the

Islamic Revolution of the Iranian people, and the foundations of the Islamic

Republic. I pledge to protect, as a just trustee, the trust that the nation has

accorded to us; to abide by justice and virtue in performing the duties of a

representative; to be always committed to the independence and advancement of

the country, the protection of the rights of the nation, and the service to the

people; to defend the constitution; to keep in my words, writings, and opinions the

independence of the nation, the freedom of the people and the protection of their

interest.

Representatives of religious minorities shall take this oath while mentioning their own holy

book.

Representatives who are not present at the first session must observe the oath ceremony at the

first session they attend.

Article 68: At the time of war and military occupation of the country, upon the recommendation

of the President of the Republic, and with the approval of three-fourths of all the representatives,

and the confirmation of the Guardian Council, elections may be delayed for a specified period of

time nationwide or in the occupied areas. In the event that a new Assembly is not formed, the

previous Assembly shall continue its work.

Article 698

The proceedings of the Islamic Consultative Assembly must be open to the public and a complete report must be disseminated to the public through radio and the official newspaper. In emergencies, upon the request of either the president, or one of the ministers, or ten representatives, a closed session may be formed if the security of the country requires such. The proceedings of the closed sessions are valid if they are approved, in the presence of the Guardian Council, by three-fourths of all the representatives. After the emergency situation is over, the reports and decisions of these sessions must be published for the awareness of all. Article 709

The President of the Republic, his secretaries, his vice presidents, and the ministers, individually or together, have the right to participate in the open sessions of the Assembly. They can be accompanied with their aids. If the representatives find it necessary, the ministers are

8 Article 69 (1979 Edition): The debates of the National Consultative Assembly must be open to the public and their complete report must be disseminated to the public through radio and the official news- paper. In emergencies, upon the request of either the prime minister or one of the ministers or ten representatives, a closed session will be formed. The proposals of the closed session are valid if they are approved in the presence of the Guardian Council by three-fourths of the entire representatives. After the emergency situation is over, the reports and legislations of these sessions must become available to the public. 9 Article 70 (1979 Edition): The President of the Republic, the prime minister, and the ministers, individually or together, have the right to participate in the open sessions of the Assembly. They can be accompanied by their aides. If the representatives find it necessary, the President of the Republic, the prime minister, and the ministers are obliged to attend; if they request it their discussions will be heard. The invitation of the president to the Assembly must be approved by a majority. 18 obliged to attend; if they request it, their discussions will be heard. The invitation of the president to the Assembly must be approved by a majority. Article 71: The Islamic Consultative Assembly can legislate laws on all issues within the limits set by the constitution. Article 72: The Islamic Consultative Assembly cannot legislate laws that contradict the canons and principles of the official religion of the country or the constitution. The Guardian Council is responsible for the evaluation of this matter, in accordance with Article 96. Article 73: The Islamic Consultative Assembly is qualified to explain and interpret ordinary laws. The intention of this Article does not deprive the prosecutor in his attempt to elucidate the truth from interpreting law. Article 74: Bills are submitted to the Assembly after they are approved by the Council of Ministers. Drafts of Bills can be brought before the Islamic Consultative Assembly upon the recommendation of at least fifteen representatives. Article 75: The legal proposals, suggestions, and amendments to the existing bills which lead to reduction in public income or increase in public expenditure can only be introduced in the Assembly if they also specify how the reduction in income or increase in new expenditure is to be compensated. Article 76: The Islamic Consultative Assembly has the right to investigate and evaluate all the affairs of the nation. Article 77: Treaties, transactions, contracts, and all international agreements must be ratified by the Islamic Consultative Assembly. Article 78: It is forbidden to make any changes in the country’s borders. The exception could be minor adjustments, while the interests of the nation are kept in mind, and provided that these changes are not unilateral and harmful to the independence and territorial integrity of the country. Such alterations must also be ratified by four-fifths of the total members of the Islamic Consultative Assembly. Article 79: It is forbidden to establish martial law. In a state of war or under an emergency or other such circumstances the government has the right to temporarily establish such restrictions with the approval of the Islamic Consultative Assembly. However, martial law cannot last longer than thirty days. If the necessity for it still exists, the government must request renewed permission from the Assembly. Article 80: Receiving and issuing national or international loans or grants by the government must be ratified by the Islamic Consultative Assembly. Article 81: It is absolutely forbidden to give foreigners the right to establish companies or institutions in commercial, industrial, and agricultural fields, as well as in mines and in the service sector. Article 82: The government cannot employ foreign experts, except in urgent situations and with the approval of the Islamic Consultative Assembly. 19 Article 83: Government buildings and properties that are considered national heritage are not transferable except with the approval of the Islamic Consultative Assembly. This exception does not apply to rare and invaluable items. Article 84: Every representative is accountable to the entire nation. He has the right to express his opinion on all domestic and foreign affairs. Article 8510: Membership in the Assembly is vested in an individual and cannot be delegated to another person. The Assembly cannot allocate the power of legislation to a person or a commission. However, in urgent cases it can assign to its own internal commissions the power to legislate certain laws, in accordance with Article 72. In this case, the laws will be implemented experimentally and for a period of time that is specified by the Assembly. Their final approval will be determined by the Assembly. Also the Islamic Consultative Assembly can, in accordance with Article 72, allocate to the government or appropriate commissions the task of permanent ratification of the articles of association of the state companies, institutions, and establishments or government-affiliated ones. In this case the decisions of the government must not differ from the principles and decrees of the official religion of the country or the constitution; as indicated in Article 96, the Guardian Council evaluates this matter. In addition, government decrees must not contradict the general laws and regulations of the country. As they are released for execution, they must be communicated to the head of the Islamic Consultative Assembly in order to be evaluated and determined in accordance with the aforementioned laws. Article 86: Members of the Assembly, in fulfilling their duties as representatives, are completely free to express their opinion and decisions. They cannot be arrested or charged for views they have expressed in the Assembly or the votes they have cast in fulfilling their duties. Article 8711: The President of the Republic must obtain a vote of confidence from the Assembly for the Council of Ministers after it is formed and before any undertakings. On important or disputable matters, the president during his term can also request a vote of confidence from the Assembly for the Council of Ministers. Article 8812: When at least one-fourth of the total members of the Islamic Consultative Assembly asks a question from the president, or any one of the representatives asks a question from a responsible minister about his duties, the president or the minister are required to appear in the Assembly. The response of the president should not be delayed by more than a month and

10 Article 85 (1979 Edition): Membership in the Assembly is vested in an individual and cannot be delegated to another person. The Assembly cannot allocate the power of legislation to a person or a com- mission. However, in urgent cases it can assign to its own internal commissions the power to legislate certain laws, in accordance with Article 72. In this case, the laws will be implemented experimentally for a period of time that is specified by the Assembly. Their final approval will be determined by the Assembly. 11 Article 87 (prior to 1989 revisions): The Council of Ministers must obtain the Assembly’s vote of confidence after it is formed and introduced and before any undertakings. On important or disputable matters it can also request the Assembly’s vote of confidence. 12 12Article 88 (1979 Edition): In every case when a representative questions a minister in charge about any of his duties, that minister is obliged to go before the Assembly and answer the question. The response should not be delayed more than ten days, except with an excuse that the National Consultative Assembly considers legitimate. 20 that of the minister by more than ten days; except with a valid excuse so recognized by the Islamic Consultative Assembly.

Article 8913:

1. Members of the Islamic Consultative Assembly can interrogate the Council of Ministers, or any individual minister on matters they find necessary. The inquiry can be presented to the Assembly if it is signed by at least ten representatives. The Council of Ministers or the minister in question must appear at the Assembly within ten days after the inquiry is submitted, and answer the question, and ask for a vote of confidence from the Assembly. If the Council of Ministers or the minister fail to appear at the Assembly, the representatives who posed the question shall provide the necessary explanation for their questioning. If the Assembly considers it appropriate, it will declare a vote of no-confidence. If the Assembly does not give a vote of confidence, the Council of Ministers or the minister in question will be removed. In both cases, the ministers in question cannot become members in the cabinet that is subsequently formed.
2. If at least one-third of the members of the Islamic Consultative Assembly question the President of the Republic in his capacity as head of the executive power and the nation’s administration, the president must attend the Assembly within a month and give sufficient explanation with regard to the issues. After hearing the members who are for or against the responses of the president, if a two-thirds majority of the members votes for the president’s lack of competence the procedures for applying part 10 of Article 110 will be communicated to the leader. Article 90: Whoever has a complaint about the operations of the Assembly, the executive, or the judiciary powers can submit his complaint in writing to the Islamic Consultative Assembly. The Assembly is responsible for investigating such complaints and providing sufficient responses to them. If the executive or the judiciary power are the subject of the complaint, the Assembly must demand sufficient investigation and explanation from them, and it must announce the results in due time. In cases that the complaint concerns the public, the results must be announced to the public. Article 9114: An assembly named the Guardian Council is established in order to protect the commands of Islam, and the constitution from discord with the proceedings of the Islamic Consultative Assembly. The Guardian Council has the following composition:

13 Article 89 (1979 Edition): Members of the Assembly can interrogate the Council of Ministers, or any individual minister on matters they find necessary. The inquiry can be presented to the Assembly if it is signed by at least ten representatives. The Council of Ministers, or the minister under question must appear at the Assembly within ten days after the inquiry is submitted, and answer the question, and ask for a vote of confidence from the Assembly. If the Council of Ministers, or the minister, fail to appear at the Assembly, the representatives who posed the question shall provide the necessary explanation for their questioning. If the Assembly considers it appropriate, it will declare a vote of noconfidence. If the Assembly does not give a vote of confidence, the Council of Ministers or the minister in question will be removed. In both cases, prime minister or the ministers in question cannot become members in the cabinet that is subsequently formed. 21

1. Six just Islamic jurisprudents who are conscious of the issues and needs of the time. These are selected by the leader.
2. Six legal scholars (hoquqdan), specialized in different fields of law, from among Muslim jurists who are presented by the head of the judiciary to the Islamic Consultative Assembly and are selected by the vote of the Assembly. Article 92: Members of the Guardian Council are selected for six years, but in the first term, once three years have passed, half of the members of the group will be changed by lottery and new members will be selected in their place. Article 93: The Islamic Consultative Assembly does not hold any legal credibility without the Guardian Council, except in approving the credentials of the representatives and the selection of six legal scholars (hoquqdan) who will become members of the Guardian Council. Article 94: All legislation of the Islamic Consultative Assembly must be sent to the Guardian Council, which must evaluate it within ten days to assure its compatibility with the constitution and the Islamic criteria. The Council must return the legislation to the Assembly for reconsideration if it is incompatible; otherwise, the legislation can be executed. Article 95: In cases where the Guardian Council considers ten days insufficient for completing the evaluation and formation of an opinion, it can ask the Islamic Consultative Assembly for an extension of a maximum of ten days. The Guardian Council must state its reasons for the extension. Article 96: The majority of the jurisprudents in the Guardian Council shall determine the compatibility of the proceedings of the Islamic Consultative Assembly with the commands of Islam. A majority of all the members of the Guardian Council shall determine the compatibility of the proceedings with the constitution. Article 97: In order to speed up the work, at the time of discussing a bill or a legal draft, members of the Guardian Council can be present at the Assembly and listen to the discussions. However, when an urgent bill or draft is on the agenda of the Assembly, members of the Guardian Council must be present at the Assembly and express their opinion. Article 98: The interpretation of the constitution is the responsibility of the Guardian Council. This is determined with the approval of three-fourths of its members.

14 Article 91 (1979 Edition): An assembly named the Guardian Council is established in order to protect the commands of Islam and the constitution from disaccord with the legislation of the National Consultative Assembly. The Guardian Council has the following formation:

1. Six just Islamic jurisprudents, conscious of the issues and needs of the time. They are selected by the leader or the Leadership Council.
2. Six jurisprudents specialized in different fields of law, from among the Muslim jurists who are presented by the Supreme Judiciary Council to the National Consultative Assembly and elected by its vote. 22 Article 9915: The Guardian Council is responsible for supervising the elections of the Leadership Council of Experts, the President of the Republic, the Islamic Consultative Assembly, and referrals to the public vote and referenda.