[Dated 14 Dhu al-Qa‘dah 1324]
GENERAL PROVISIONS
Article 1— The official religion of Iran is Islam, and its denomination is the Ja‘fari Twelver school. The Shah of Iran must profess and uphold this denomination.
Article 2— The National Consultative Assembly was established through the favor and support of the Imam of the Age—may God hasten his appearance—the grace of the Shah of Islam—may God perpetuate his reign—the supervision of the Islamic scholars, and the participation of the Iranian nation as a whole. At no time may the Assembly’s legislative provisions contravene the sacred rules of Islam or the laws laid down by the Prophet—peace and blessings be upon him. The duty of determining whether laws contravene Islamic rules belongs, and shall always belong, to the eminent scholars—may God perpetuate their blessings. Accordingly, in every term, a committee of at least five religiously observant mujtahids and jurists familiar with the requirements of the age shall be appointed as follows: the scholars and hujjat al-Islams who serve as sources of emulation in Shiite Islam shall nominate twenty scholars possessing the aforementioned qualifications to the National Consultative Assembly. From among them, the members of the Assembly shall select five or more, unanimously or by lot, and recognize them as members. This committee shall carefully deliberate on and examine the provisions brought before the assemblies, rejecting any that contravene Islamic rules so that they cannot acquire the force of law. The decision of this committee of scholars shall be binding and must be followed in this matter. This article may not be amended until the appearance of the Imam of the Age—may God hasten his appearance.
Article 3— The boundaries of Iran and its provinces, districts, and regions may be changed only by law.
Article 4— The capital is Tehran.
Article 5— The colors of Iran’s official flag are green, white, and red, and it bears the Lion and Sun emblem.
Article 6— The lives and property of foreign nationals residing in Iranian territory are guaranteed security and protection, except in cases excluded by law.
Article 7— The principles of constitutional government may not be suspended, in whole or in part.
RIGHTS OF THE IRANIAN NATION
Article 8— The people of Iran enjoy equal rights before the law of the state.
Article 9— The lives, property, homes, and honor of the people are protected and secured against all forms of violation. No person may be interfered with except under the provisions and procedures prescribed by the laws of the country.
ARTICLE 10— Except in cases involving the commission of misdemeanors, felonies, or serious offenses, no person may be arrested summarily without a written order from the presiding judge of a court of justice and in accordance with the law. Even in such cases, the accused must be informed of the charge immediately or, at the latest, within twenty-four hours.
ARTICLE 11— No person may be removed from the court competent to rule on their case and forcibly transferred to another court.
ARTICLE 12— No punishment may be imposed or carried out except as provided by law.
ARTICLE 13— Every person’s home and dwelling are protected and secured. No dwelling may be forcibly entered except in the circumstances and according to the procedures prescribed by law.
ARTICLE 14— No Iranian may be exiled, prohibited from residing in a particular place, or compelled to reside in a particular place except in cases specified by law.
ARTICLE 15— No property may be taken from its owner without grounds recognized by Islamic law and payment of fair compensation.
ARTICLE 16— The confiscation of the people’s property and possessions as punishment or as an exercise of political authority is prohibited unless provided for by law.
ARTICLE 17— Interference, on any grounds, with the rights of owners and possessors over their property and possessions is prohibited unless provided for by law.
ARTICLE 18— The study and teaching of the sciences, learning, and the arts are free, except where prohibited by Islamic law.
ARTICLE 19— The establishment of schools at the expense of the state and nation, and compulsory education, shall be regulated by the law governing the Ministry of Science and Education. All schools shall be subject to the supreme authority and supervision of the Ministry of Science and Education.
ARTICLE 20— All publications are free, except books contrary to Islam and harmful publications, and censorship is prohibited. If, however, anything contrary to the press law is found, the publisher or author shall be punished under that law. If the author is known and resides in Iran, the publisher, printer, and distributor shall be exempt from interference.
ARTICLE 21— Associations and assemblies that do not give rise to religious or secular discord and do not disturb public order are free throughout the country. Those attending assemblies may not, however, carry weapons and must comply with the regulations prescribed by law in this regard. Assemblies in streets and public squares must likewise comply with laws governing public order.
ARTICLE 22— Postal correspondence is fully protected and is exempt from seizure and opening, except in cases excluded by law.
ARTICLE 23— Disclosure or interception of telegraphic communications without the sender’s permission is prohibited, except in cases specified by law.
ARTICLE 24— Foreign nationals may be admitted to Iranian citizenship. Admission, retention of citizenship, and deprivation of citizenship shall be governed by a separate law.
ARTICLE 25— No prior permission is required to take action against government officials for failings in the performance of their duties; in the case of ministers, however, the special laws governing the matter must be observed.
POWERS OF THE STATE
ARTICLE 26— The powers of the state derive from the nation. The Constitution determines how those powers are to be exercised.
ARTICLE 27— The powers of the state are divided into three branches:
First: the legislative power, which is concerned with the making and enactment of laws and derives from His Imperial Majesty, the National Consultative Assembly, and the Senate. Each of these three sources has the right to propose legislation, but its entry into force depends on its not contravening Islamic law, its approval by the assemblies, and its ratification by the monarch. The making and approval of laws concerning state revenue and expenditure, however, fall within the powers of the National Consultative Assembly.
The clarification and interpretation of laws are among the exclusive duties of the National Consultative Assembly.
Second: the judicial and adjudicative power, which consists in determining rights. In matters of Islamic law, this power belongs exclusively to the religious courts; in secular matters, it belongs to the courts of justice.
ARTICLE 28— The three aforementioned powers shall always remain separate and independent of one another.
ARTICLE 29— The particular interests of each province, district, and region shall be regulated and settled with the approval of the provincial and district councils and in accordance with their specific laws.
RIGHTS OF MEMBERS OF THE ASSEMBLIES
ARTICLE 30— The members of the National Consultative Assembly and the Senate represent the entire nation, not merely the classes of people or the provinces, districts, and regions that elected them.
ARTICLE 31— No person may be a member of both assemblies at the same time.
ARTICLE 32— If a representative is appointed to a salaried position in a government department, their membership of the Assembly shall cease. Their return to membership shall depend on resignation from government office and reelection by the people.
ARTICLE 33— Both assemblies have the right to investigate and inquire into all affairs of the country.
ARTICLE 34— Deliberations of the Senate shall have no effect while the National Consultative Assembly is in recess.
PREROGATIVES OF THE IRANIAN MONARCHY
ARTICLE 35— Sovereignty is a blessing entrusted by the nation, through divine grace, to the person of the monarch.
ARTICLE 36— The constitutional monarchy of Iran has been entrusted by the nation, through the Constituent Assembly, to His Imperial Majesty Reza Shah Pahlavi and shall continue in his male line from generation to generation.
ARTICLE 37— The succession belongs to the monarch’s eldest son born to a mother of Iranian origin. If the monarch has no son, the heir apparent shall be appointed on the monarch’s recommendation and with the approval of the National Consultative Assembly; this heir, however, must not belong to the Qajar dynasty. If a son is subsequently born to the monarch, the right of succession shall naturally pass to him.
ARTICLE 38— Upon the transfer of the throne, the heir apparent may personally assume the duties of sovereignty only upon reaching twenty full solar years of age. If he has not reached that age, the National Consultative Assembly shall elect a regent from outside the Qajar dynasty.
ARTICLE 39— No monarch may ascend the throne unless, before the coronation, he appears before the National Consultative Assembly and takes the following oath in the presence of its members, the members of the Senate, and the Council of Ministers:
“I call Almighty God to witness and swear upon the Glorious Quran and all that is revered in the sight of God that I shall devote all my efforts to preserving the independence of Iran; that I shall protect and safeguard the country’s borders and the rights of the nation; that I shall preserve Iran’s constitutional law and its established laws and reign in accordance with them; that I shall endeavor to promote the Ja‘fari Twelver denomination; and that, knowing Almighty God to be ever present and watchful in all my deeds and conduct, I shall pursue no purpose other than the happiness and greatness of the Iranian state and nation. I ask God to grant me success in my service to Iran’s progress, and I seek the assistance of the pure souls of the saints of Islam.”
ARTICLE 40— Likewise, a person elected regent may not assume that office without taking the above oath.
ARTICLE 41— On the monarch’s death, the National Consultative Assembly and the Senate shall necessarily convene, and their meeting must not be delayed beyond ten days after his death.
ARTICLE 42— If the term of either or both assemblies has expired during the monarch’s lifetime and the new representatives have not yet been chosen at the time of his death, the former representatives shall attend and the assemblies shall convene.
ARTICLE 43— The monarch may not assume the administration of another country without the approval and consent of the National Consultative Assembly and the Senate.
ARTICLE 44— The person of the monarch is exempt from responsibility; the ministers of state are accountable to the assemblies in all affairs.
ARTICLE 45— All laws and royal decrees concerning the affairs of the country may be implemented only with the signature of the responsible minister, who shall be accountable for the correctness of the contents of the decree or order.
ARTICLE 46— Ministers shall be appointed and dismissed by royal decree.
ARTICLE 47— The conferral of military ranks, decorations, and honorary distinctions belongs exclusively to the person of the monarch, in accordance with the law.
ARTICLE 48— The selection of senior state officials for domestic and foreign affairs, with the approval of the responsible minister, is among the monarch’s prerogatives, except in cases excluded by law. The appointment of other officials, however, does not belong to the monarch except where expressly provided by law.
ARTICLE 49— The issuance of decrees and orders for the implementation of laws is among the monarch’s prerogatives, provided that their implementation is never delayed or suspended.
ARTICLE 50— Supreme command of the land and naval forces belongs to the person of the monarch.
ARTICLE 51— The declaration of war and conclusion of peace belong to the monarch.
ARTICLE 52— Treaties that must be kept secret under Article 24 of the Constitution shall, once the obstacle has been removed and the country’s interests and security so require, be communicated by the monarch to the National Consultative Assembly and the Senate, together with the necessary explanations.
ARTICLE 53— No secret provision of a treaty shall invalidate its public provisions.
ARTICLE 54— The monarch may summon extraordinary sessions of the National Consultative Assembly and the Senate.
ARTICLE 55— Money shall be minted in the monarch’s name in accordance with the law.
ARTICLE 56— The expenditure and expenses of the institution of the monarchy must be prescribed by law.
ARTICLE 57— The powers and authority of the monarchy are solely those expressly specified in the existing constitutional laws.
ON MINISTERS
ARTICLE 58— No person may hold ministerial office unless they are Muslim, of Iranian origin, and an Iranian citizen.
ARTICLE 59— Princes of the first degree—namely the son, brother, or paternal uncle of the reigning monarch—may not be selected as ministers.
ARTICLE 60— Ministers are accountable to the assemblies and must appear when summoned by either assembly. They must observe the limits of their responsibilities concerning the duties entrusted to them.
ARTICLE 61— Ministers are individually responsible for the particular affairs of their ministries and, collectively, are accountable to the Assembly for affairs in general and answerable for one another’s actions.
ARTICLE 62— The number of ministers shall be determined by law according to need.
ARTICLE 63— The title of honorary minister is entirely abolished.
ARTICLE 64— Ministers may not invoke the monarch’s verbal or written orders to absolve themselves of responsibility.
ARTICLE 65— The National Consultative Assembly or the Senate may question and try ministers.
ARTICLE 66— The responsibility of ministers and the penalties applicable to them shall be determined by law.
ARTICLE 67— If the National Consultative Assembly or the Senate declares, by an absolute majority, that it has no confidence in the Council of Ministers or an individual minister, that council or minister shall be removed from ministerial office.
ARTICLE 68— Ministers may not undertake any other salaried office in addition to their own duties.
ARTICLE 69— The National Consultative Assembly or the Senate shall bring charges against ministers before the Court of Cassation. That court shall try the case within its own judicial jurisdiction, with all its members present, unless, under the law, the charge and proceedings fall outside the administrative sphere of government departments and concern the minister personally.
Note: Until the Court of Cassation has been established, a committee comprising equal numbers of members elected from the two assemblies shall take its place.
ARTICLE 70— The determination and punishment of offenses committed by ministers, whether they are accused by the National Consultative Assembly or the Senate, or face accusations by private complainants concerning their administrative duties, shall be governed by a special law.
JUDICIAL POWERS
ARTICLE 71— The High Court of Justice and the courts of justice are the official authorities for general complaints; adjudication in matters of Islamic law belongs to qualified mujtahid scholars.
ARTICLE 72— Disputes concerning political rights fall within the jurisdiction of the courts of justice, except in cases excluded by law.
ARTICLE 73— The establishment of secular courts is subject to the law. No person may establish a court contrary to the provisions of the law, under any name or form.
ARTICLE 74— No court may be established without a legal provision.
ARTICLE 75— Only one Court of Cassation for secular matters shall be established in the entire country, in the capital. This Court of Cassation shall not hear any case at first instance except cases concerning ministers.
ARTICLE 76— The hearings of all courts shall be public, except where publicity would disturb public order or offend public morals. In such cases, the court shall declare the need for a closed hearing.
ARTICLE 77— In political and press offenses, a decision to hold a closed trial must be unanimous among all members of the court.
ARTICLE 78— Judgments issued by courts must be reasoned and substantiated, cite the legal provisions on which they are based, and be read publicly.
ARTICLE 79— A jury shall be present in court for trials concerning political and press offenses.
ARTICLE 80— The presidents and members of the courts of justice shall be selected as prescribed by the law governing the judiciary and appointed by royal decree.
ARTICLE 81— No judge of a court of justice may be removed from office, temporarily or permanently, without a trial and proof of guilt, unless the judge resigns.
ARTICLE 82— A judge of a court of justice may be transferred to another place of service only with the judge’s consent.
ARTICLE 83— The appointment of the public prosecutor belongs to the monarch, with the approval of the judge of Islamic law.
ARTICLE 84— The salaries of members of the courts of justice shall be determined by law.
ARTICLE 85— Presidents of the courts of justice may not accept another government office unless it is unpaid and is not contrary to the law.
ARTICLE 86— A court of appeal for judicial affairs shall be established in each provincial capital, as prescribed by the laws governing the judiciary.
ARTICLE 87— Military courts shall be established throughout the country under special laws.
ARTICLE 88— The settlement of disputes between government departments and their functions belongs to the Court of Cassation under the law.
ARTICLE 89— The courts of justice shall apply general, provincial, district, and municipal regulations only when they comply with the law.
ARTICLE 90— Provincial and district councils shall be organized throughout the protected dominions under special regulations. The fundamental rules governing these councils are as follows.
ARTICLE 91— Members of the provincial and district councils shall be elected directly by the people in accordance with the regulations governing those councils.
ARTICLE 92— Provincial and district councils have the authority to make arrangements for reforms concerning the public interest within the limits prescribed by law.
ON PROVINCIAL AND DISTRICT COUNCILS
ARTICLE 93— Accounts of all provincial revenue and expenditure shall be printed and published through the provincial and district councils.
ON FINANCE
ARTICLE 94— No tax may be imposed without a legal provision.
ARTICLE 95— The law shall determine the circumstances in which exemption from taxation is granted.
ARTICLE 96— The rate of taxation shall be approved and determined each year by a majority of the National Consultative Assembly.
ARTICLE 97— No distinction or privilege shall be recognized among members of the nation in matters of taxation.
ARTICLE 98— Tax reductions and exemptions are subject to a special law.
ARTICLE 99— Except where expressly excluded by law, nothing may be demanded from the people other than national, provincial, district, and municipal taxes.
ARTICLE 100— No salary or gratuity may be charged to the state treasury except as provided by law.
ARTICLE 101— The National Consultative Assembly shall elect the members of the Court of Accounts for a term prescribed by law.
ARTICLE 102— The Court of Accounts is charged with examining and auditing the accounts of the financial administration and settling the accounts of all treasury accountants. In particular, it shall ensure that none of the expenditure items specified in the budget exceeds its allocated amount or is altered, and that all funds are spent for their designated purposes. It shall likewise examine and audit the various accounts of all government departments and collect the supporting expenditure documents. It must submit a report on the state of the country’s accounts, together with its observations, to the National Consultative Assembly.
ARTICLE 103— The organization and administration of the Court shall be governed by law.
ON THE ARMY
ARTICLE 104— The law shall determine the system of military recruitment. Soldiers’ duties and rights, and promotion through the ranks, shall be governed by law.
ARTICLE 105— Military expenditure shall be approved each year by the National Consultative Assembly.
ARTICLE 106— No foreign military unit may be admitted to state service, or reside in or pass through any part of the country, except as provided by law.
ARTICLE 107— Soldiers may not be deprived of their rights, ranks, or positions except as provided by law.
FOOTNOTE:
- Articles 36, 37, and 38 of the Constitution and its supplement were amended on 21 Azar 1304 pursuant to the following single-article resolution of the Constituent Assembly:
“Single Article—The Constituent Assembly declares that the former Articles 36, 37, and 38 of the supplement to the Constitution are repealed.”
The text has been amended and printed as stated above. For the reader’s information, we now reproduce the three repealed articles below:
Mohammad Ali Shah Qajar—may God perpetuate his reign—and his descendants, from generation to generation, shall remain in their places.
- Article Thirty-Seven—Where there is more than one child, the succession shall pass to the monarch’s eldest son whose mother is of Iranian origin and a princess. If the monarch has no son, the eldest member of the royal dynasty, beginning with the closest in kinship, shall become heir apparent. If, in the aforementioned circumstances, a son is born to the monarch, the right of succession shall naturally pass to him.
- Article Thirty-Eight—Upon the transfer of the throne, the heir apparent may personally assume the duties of sovereignty only upon reaching eighteen years of age. If he has not reached that age, a regent shall be chosen for him with the approval of the assembled members of the National Consultative Assembly and the Senate, and shall serve until he reaches eighteen.
Source: Research Center of the Islamic Consultative Assembly