Draft Constitution January 2025
Liberal Democratic Party of Iran (LDP)
Preamble
Iran is a nation with a long history and a unique culture. Cyrus the Great is the symbol of the unity of the people and is governed in our hearts on the basis of the separation of legislative, administrative and judicial powers, which are subject to the sovereignty of the people.
Our nation has overcome and emerged from the ruins of recent wars, riots and many great disasters and now occupies an important position in international society by promoting friendly relations with foreign countries and within the framework of a peace doctrine for the peace and prosperity of the world want. We, the Iranian people, defend our land and territory with pride and strong spirit, respect basic human rights, value harmony, and form a nation where families and the entire society support each other. We value freedom and discipline, and while defending this beautiful territory and natural environment, we promote education, science and technology, and the growth of the country through vigorous economic activities.
We value freedom and discipline, and while defending this beautiful territory and natural wonder, we promote education, science and technology, and the growth of the country through vigorous economic activities. We, the people of Iran, hereby adopt this Constitution in order to pass on our good traditions and our nation to posterity for many years to come.
Chapter I: The King
Article 1. Mr. Reza Pahlavi is our legal key witness and king of the state and shall be the symbol of the state and the unity of the people, deriving his position from the will of the people, with whom the sovereign power lies.
Article 2. (Succession to the throne) The royal throne shall be dynastic and shall be succeeded in accordance with the royal household law and plebiscite passed by the Diet.
Article 3. (National flag and national anthem) The national flag is the flag of the Lion and Sun and the national anthem is Ey Iran. The Iranian people must respect the national flag and the national anthem.
Article 4. (Epoch Names) The legal name of the era is determined upon accession to the throne.
Article 5. (Authority of the King) The King shall perform such acts in matters of state as provided for in this Constitution and shall have no powers in connection with the government.
Article 6. (Constitutional functions, etc. of the King) The King, on behalf of the people, appoints the Prime Minister nominated by the Diet and the Chief Justice of the Supreme Court nominated by the Cabinet. The King, with the advice and consent of the Cabinet, undertakes the following acts in state affairs on behalf of the people: 1. Promulgation of amendments to the constitution, laws, cabinet decisions and treaties. 2. Convocation of the state parliament. 3. Dissolution of the House of Representatives. 4. Proclamation of the general election of members of the House of Representatives and the regular election of members of the House of Representatives. 5. Certificate of the appointment and dismissal of ministers of state and other officers of the state as provided for by law. 6. Certificate of general and special amnesty, commutation of sentence, postponement and restoration of rights. 7. Awarding of honors. 8. Certification of full powers and credentials of ambassadors and ministers, instruments of ratification and other diplomatic documents provided for by law. 9. Reception of foreign ambassadors and ministers. 10. Carrying out ceremonial functions. The King may delegate the execution of his acts in the two preceding paragraphs in accordance with the law. All actions of the King in matters of state require the suggestions of the Cabinet and the Cabinet is responsible for them. However, the Prime Minister decides whether to dissolve the House of Representatives.
In addition to the measures set out in paragraphs 1 and 2, the King shall attend ceremonies of the State, local governments or other public bodies and carry out other public activities.
Article 7. (Regency) When a regency is established in accordance with the Royal House Law, the Regent shall carry out his official acts in matters of state in the name of the King.
Article 5 and the provisions of the fourth paragraph of the preceding article apply to the Regency.
Article 8. (Restrictions of the Royal House on the alienation of property, etc.) No property may be given to or received from the Royal House without the consent of the Diet, nor may donations be made therefrom, except in cases provided for by law.
Chapter II: National Security
Article 9. (Pacifism) The Iranian people sincerely strive for international peace based on justice and order and renounce war as the sovereign right of the nation and will not use the threat and use of force as a means of settling international Set up disputes. The provisions of the preceding paragraph do not preclude the exercise of the right to self-defense.
Article 9-2. (National Defense Military) In order to ensure the peace and independence of our nation and the security of the state and the people, the National Defense Military should be maintained with the Prime Minister as the Commander-in-Chief. The national defense military is subject to the approval of the state parliament and other controls provided for by law when carrying out the tasks prescribed in the previous paragraph. The National Defense Military, in addition to the activities to carry out the tasks in the first paragraph, carries out international cooperation activities to ensure the peace and security of international society and maintain public order, or carries out activities to achieve the lives or freedoms of the people, as provided by law. Other matters relating to the organization, regulation and security protection of the National Defense Military subject to the preceding two paragraphs shall be governed by law. In order to conduct legal proceedings when criminal offenses are committed by members of the National Defense Military or other officials in connection with official duties or confidential matters of the National Defense Military, a military court in the National Defense Military is established under the law. In this case, the defendant’s right to appeal to the courts is guaranteed.
Article 9-3. (Territorial integrity, etc.) In order to defend its sovereignty and independence, the State, in cooperation with the people, maintains its territory, its territorial waters and its sovereign airspace and secures all the resources therein.
Chapter III: Rights and Duties of the People
Article 10. (Iranian Citizen) The requirements for Iranian nationality shall be determined by law.
Article 11. (Enjoyment of fundamental human rights) The people have the right to enjoy all fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution are eternal and inviolable rights.
Article 12. (Duties of the People) The freedoms and rights guaranteed to the people by this Constitution shall be safeguarded through constant efforts of the people. The people should refrain from any abuse of these freedoms and rights, be aware of the fact that these freedoms and rights are accompanied by responsibilities and duties, and not violate the public interest and public order.
Article 13. (Respect, etc. for people as persons) All people are respected as persons. Their right to life, liberty and the pursuit of happiness shall be the paramount consideration in legislation and other governmental matters to the extent that it does not prejudice the public interest and public order.
Article 14. (Equal protection under the law) All persons are equal before the law and there shall be no discrimination in political, economic or social relations based on race, creed, gender, disability, social status or family origin. Peers and peerage status shall not be recognized. No honor, title or other distinction shall be valid beyond the lifetime of the person who now holds it or who hereafter receives it.
Article 15. (Rights, etc. relating to the appointment and dismissal of public officials) The people, in whom the sovereign power lies, have the right to elect their public officials and to dismiss them. All ministers are servants of the entire community and not of a group of it. In the case of the appointment of public officials through an election, the popular election shall be carried out by all adult persons who have Iranian nationality. The secrecy of voting may not be violated during elections. A voter may not be questioned or held accountable, publicly or privately, for the choice he or she makes.
Article 16. (Right to petition) Every person has the right to make a peaceful petition for redress of damages, for the removal of officials, for the enactment, repeal or amendment of laws, regulations or ordinances and in other matters. No one should be discriminated against in any way for supporting a petition.
Article 17. (Claims for damages against the State, etc.) Any person may claim damages from the State, local governments or other public bodies in accordance with the law if he or she has suffered damage as a result of unlawful acts of a public official.
Article 18. (Freedom from servitude and servitude) No one, regardless of his will, shall be held in bondage in social or economic relations. Involuntary servitude, except as punishment for a crime, is prohibited.
Article 19. (Freedom of thought and conscience) Freedom of thought and conscience is guaranteed.
Article 19-2. (Prohibition of unlawful collection of personal data, etc.) No one may acquire, possess or use personal data unlawfully.
Article 20. (Freedom of religion) Freedom of religion is guaranteed to everyone. The state may not grant privileges to any religious organization. No one may be forced to participate in any religious acts, celebrations, rites or practices. The state, local governments and other public institutions refrain from special religious education and other religious activities. However, this provision does not apply to activities that do not go beyond social and community rituals or normal acceptable practices.
Article 21. (Freedom of expression) Freedom of assembly and association as well as freedom of speech, press and all other forms of expression are guaranteed. Without prejudice to the provisions of the previous paragraph, the exercise of an activity aimed at damaging the public interest and public order, as well as the formation of associations to achieve this aim, shall not be recognized or accepted. No censorship may be maintained, nor may the secrecy of any means of communication be violated.
Article 21-2. (Responsibility for providing an account of government affairs) The state is responsible for giving an account of government affairs to the people.
Article 22. (Freedom to choose and change place of residence, to choose profession, etc.) Every person has the freedom to choose and change his place of residence and to choose his profession. The freedom of all people to move to a foreign country and to give up their citizenship is inviolable.
Article 23. (Academic freedom) Academic freedom is guaranteed.
Article 24. (Basic principles regarding family, marriage, etc.) The family should be respected as a natural and fundamental unit of society. Family members need to support each other. Marriage is based on the mutua consent of both sexes/partners and is observed through mutual cooperation, with the mutual equality of men and women as the basis. Regarding family, maintenance, guardianship, marriage and divorce, property rights, inheritance and other kinship matters, laws should be enacted from the perspective of individual dignity and substantial equality of the sexes.
Article 25. (Right to life, etc.) All people have the right to maintain the minimum standards of a healthy and cultured life. The state is committed to promoting and expanding social welfare and security and public health in all areas of the people’s lives.
Article 25-2. (Responsibility of Environmental Protection) The state, in cooperation with the population, will work to preserve the environment so that the population can enjoy a satisfactory environment.
Article 25-3. (Protection of nationals abroad) The State shall endeavor to protect its nationals abroad when an emergency occurs outside its territory.
Article 25-4. (Consideration for victims of crime, etc.) The state takes into account human rights and the treatment of victims of crime and their families.
Article 26. (Rights and responsibilities, etc. relating to education) All people have the right to education appropriate to their abilities, as provided by law. All people have a duty to ensure that all children under their protection receive an appropriate education as provided for by law. The compulsory lessons are free. Recognizing that education is critical to shaping the future of the State, the State will be committed to the development of an educational environment.
Article 27. (Rights and duties, etc. related to work) All people have the right and duty to work. Standards for wages, hours, rest periods and other working conditions are established by law. Nobody is allowed to exploit children.
Article 28. (Trade union rights of workers, etc.) The right of workers to organize, trade and act collectively is guaranteed. In the case of public officials, their rights from the above paragraphs may be restricted in whole or in part due to their status as employees of the entire community in accordance with the statutory provisions. In this case, the necessary measures must be taken to improve the working conditions of civil servants.
Article 29. (Property Rights) The right to own or possess property is inviolable. Property rights are established by law in accordance with public interest and public policy. In this case, in terms of intellectual property rights, care must be taken to contribute to improving the intellectual creativity of the people. Private property can be taken over for public use for reasonable compensation. Article 30. (Liability to pay taxes) The people are liable to pay taxes in accordance with the law. Article 31. (Guarantee of due process) No person shall be deprived of his life or liberty, nor shall any other criminal penalty be inflicted, except in accordance with due process. Article 32. (Right of access to the courts) No one shall be denied access to the courts. Article 33. (Guarantee of procedures related to arrest) No person shall be arrested unless a judge issues an arrest warrant specifying the offense with which the person is charged unless he is arrested , whereby the crime begins.
Article 34. (Guarantee of procedures related to arrest and detention) No one shall be arrested or detained without being immediately informed of the allegations against him or without having the immediate privilege of legal representation; He must also not be detained without good reason. The arrested person has the right to present the case immediately in open court in his presence and in the presence of his lawyer.
Article 35. (Inviolability of residence, etc.) The right of all persons to secure their houses, papers and possessions from burglary, searches and seizures shall not be impaired unless there is a warrant of arrest for just cause, in particular describes the place to be searched and the things to be seized, or unless this is provided for by Article 33. Any search or seizure under the provisions of the preceding paragraph shall be carried out on the basis of a separate, order issued by a judge.
Article 36. (Prohibition of torture and cruel punishments) The use of torture by public officials and cruel punishments are prohibited.
Article 37. (Rights of the Defendant) In all criminal cases, the defendant has the right to a speedy and public trial before an impartial tribunal. He is given the opportunity to question all witnesses and has the right to initiate compulsory proceedings to obtain witnesses on his behalf at public expense.
The defendant must always be able to rely on the assistance of a competent lawyer provided by the state if he is unable to secure such assistance on his own.
Article 38. (Confessions in criminal cases, etc.) No one may be forced to testify against himself. Confessions made under torture, coercion or other threats, or after prolonged arrest or detention, may not be admitted into evidence. No one should be convicted if the only evidence against him is his own confession.
Article 39. (Prohibition of retroactive punishment, etc.) No one shall be held criminally liable for an act which was not unlawful at the time of its commission or of which he has been acquitted, nor shall he be subject to double jeopardy.
Article 40. (Right to Compensation) Any person, if acquitted after his arrest or detention, may sue the State for reparation in accordance with the provisions of law.
Chapter IV: The Diet
Article 41. (The State Parliament and the Legislative Power) The State Parliament is the highest organ of state power and the only legislative body of the state.
Article 42. (Two Houses) The Diet consists of two houses, namely the House of Representatives and the House of Council.
Article 43. (Organization of both Houses) Both Houses consist of selected members representing the entire people. The number of members of each house is determined by law.
Article 44. (Qualifications of Members of Parliament and Electors) The qualifications of members of both houses and their electors shall be determined by law. In this case, there must be no discrimination based on race, creed, gender, disability, social status, family origin, education, wealth or income.
Article 45. (Term of office of members of the House of Representatives) The term of office of members of the House of Representatives shall be four years. However, in the event of a dissolution of the House of Representatives, the term ends before the full term expires.
Article 46. (Term of office of members of the House of Councilors) The term of office of members of the House of Councilors is six years, half of the members are elected every three years.
Article 47. (Matters relating to elections) Constituencies, electoral procedures and other matters relating to the method of election of members of both Houses shall be determined by law. In this case, each constituency comprehensively takes into account the administrative divisions and topography based on population.
Article 48. (Prohibition of occupying positions at the same time) No one may be a member of both chambers at the same time.
Article 49. (Annual salary of members of the state parliament) The members of both chambers receive an appropriate annual payment from the state treasury in accordance with the law.
Article 50. (Immunity of Members of the Diet from Arrest) Except in cases provided by law, members of both Houses are exempt from arrest during the session of the Diet, and all members arrested before the start of the session are at the request of the House during exempt from arrest during the session.
Article 51. (Diplomatic Immunity of Members of the Diet) Members of both Houses shall not be liable outside the House for speeches, debates or votes cast within the House.
Article 52. (Ordinary Sessions of the State Parliament) An ordinary session of the State Parliament shall be convened once a year. The duration of the regular state parliament session is determined by law.
Article 53. (Extraordinary sessions of the State Parliament) The Cabinet may decide to call extraordinary sessions of the State Parliament. If a quarter or more of the total number of members of a House makes the request, special sessions of the Diet shall be called within twenty-one (21) days from the date of the request.
Article 54. (Dissolution of the House of Representatives, general elections of members of the House of Representatives, special sessions of the State Parliament and emergency sessions of the House of Representatives) The dissolution of the House of Representatives shall be decided by the Cabinet Minister.
If the House of Representatives is dissolved, a general election of the members of the House of Representatives must be held within forty (40) days of the dissolution and a special session of the state legislature must be called within thirty (30) days. Days are calculated from the date of the election. When the House of Representatives is dissolved, the Council House is also closed. However, in the event of a national emergency, the Cabinet may call the House of Councilors into an emergency session. The measures taken at this session, as mentioned in the preceding paragraph, are provisional and shall be void unless the House of Representatives agrees within a period of ten (10) days from the opening of the next session of the State Parliament.
Article 55. (Review of qualifications of members of the Diet) Each House of Representatives shall consider disputes relating to the qualifications of its members and adopt a resolution thereon. However, to deny a member a seat, a resolution passed by a majority of two-thirds or more of the members present is required.
Article 56. (Voting and Quorum) All matters shall be decided in each House by a majority of those present, unless the Constitution provides otherwise. In the event of a tie, the chairman decides on the matter. A resolution cannot be passed in either house unless a third or more of the total membership is present.
Article 57. (Publication etc. of deliberations and recording of proceedings) The deliberations in each house must be public. However, a secret meeting may be held if a majority of two-thirds or more of the members present passes a resolution to that effect. Each chamber keeps minutes of the negotiations. These minutes shall be published and generally disseminated, except for those portions of the proceedings of a secret meeting which may be deemed to require confidentiality. At the request of at least one fifth of the members present, the votes of the members on each matter must be recorded in the minutes.
Article 58. (Appointment of Officials and Rules of Procedure of the House of Representatives and Official Reprimand) Each House elects its own President and other officials. Each House establishes its rules for meetings, procedures, and internal discipline, and may punish members for disorderly conduct. However, a majority of two-thirds or more of the members present is required to expel a member.
Article 59. (Passage of bills and the powers of the House of Representatives) Unless the Constitution provides otherwise, a bill becomes law upon passage by both Houses. A bill passed by the House of Representatives, upon which the House of Representatives makes a decision different from that of the House of Representatives, becomes law if the House of Representatives passes it a second time by a vote of at least two-thirds of the members present. The provision of the preceding paragraph shall not prevent the House of Representatives from convening the statutory meeting of a joint committee of both Houses. If the House of Representatives fails to take final action within sixty (60) days of receipt of a bill passed by the House of Representatives, excluding recesses, the House of Representatives may be deemed to have rejected the bill, the House bill said.
Article 60. (Powers of the House of Representatives regarding the approval etc. of the draft budget) The draft budget must first be submitted to the House of Representatives. When considering the budget, if the House of Councilors makes a decision different from that of the House of Representatives and no agreement can be reached, even by a joint committee of both Houses provided for by law, or if the House of Representatives fails to act within thirty (30) ) days to take final action, excluding the recess period, the decision of the House of Representatives of the State Parliament shall apply upon receipt of the budget bill passed by the House of Representatives.
Article 61. (Powers of the House of Representatives with regard to the conclusion of treaties) The second paragraph of the preceding article also applies to the consent of the Diet required for the conclusion of treaties.
Article 62. (Investigative Powers of the House of Representatives) Each House of Representatives may conduct investigations relating to the government and may require the presence and testimony of witnesses and the production of records.
Article 63. (Rights and duties of the Prime Minister etc. relating to his presence in the House of Representatives) The Prime Minister and other Ministers of State may appear at any time in either House to speak on bills. The Prime Minister and other ministers of state must appear when their presence is required to provide answers or clarifications. However, this requirement does not apply to the performance of official duties that are considered necessary.
Article 64. (Impeachment Courts) The State Parliament shall establish an impeachment court from the members of both chambers to try those judges against whom removal proceedings have been initiated. Matters related to impeachment are governed by law.
Article 64-2. (Political parties) Given the essential role of political parties in parliamentary democracy, the State strives to ensure the fairness of activity and its healthy development. Freedom of political activity is guaranteed. Other matters relating to political parties subject to the two preceding paragraphs shall be governed by law.
Chapter V: The Cabinet
Article 65. (The Cabinet and Executive Power) Executive power shall vest in the Cabinet, unless otherwise provided in the Constitution.
Article 66. (Organization of the Cabinet and responsibilities vis-à-vis the Diet) The Cabinet consists of the Prime Minister, who is its chairman, and other ministers of state as provided by law. The Prime Minister and other ministers of state cannot be military personnel on active duty. The cabinet is responsible for exercising its executive power over the state parliament collective.
Article 67. (Appointment of the Prime Minister and Powers of the House of Representatives) The Prime Minister is appointed by the Diet from among its members. The appointment of the Prime Minister by the State Parliament precedes all other business. If the House of Representatives and the House of Councilors disagree and agreement cannot be reached even through a statutory joint committee of both Houses or the House of Councilors fails to make a designation within ten (10) days, excluding the recess period, after the House of Representatives makes the designation, the decision of the House of Representatives is the decision of the State Parliament.
Article 68. (Appointment and dismissal of Ministers of State) The Prime Minister appoints the Ministers of State. In this case, the majority of its members must be appointed from among the state parliament. The Prime Minister can remove Ministers of State at his discretion.
Article 69. (No-confidence resolutions and mass resignation of the Cabinet) If the House of Representatives passes a resolution of no-confidence or rejects a resolution of confidence, the Cabinet shall resign en masse unless the House of Representatives is dissolved within ten (10) days.
Article 70. (Mass resignation, etc. of the Cabinet in the event of a vacancy in the position of the Prime Minister, etc.) In the event of a vacancy in the office of the Prime Minister or at the first convocation of the Diet after a general election of the members of the House of Representatives, the Cabinet resigns en masse. In the event of a vacancy in the office of Prime Minister or in cases determined by law to be equivalent, the Minister of State designated by him in advance temporarily assumes the duties of Prime Minister.
Article 71. (The Cabinet after the Mass Resignation) In the cases referred to in the two preceding articles, the Cabinet shall continue its functions until the appointment of a new Prime Minister.
Article 72. (Official Duties of the Prime Minister) The Prime Minister shall exercise control and supervision over various branches of administration and undertake general coordination. The Prime Minister, as a representative of the Cabinet, submits draft laws and reports on general national affairs and foreign relations to the Diet. The Prime Minister, as Commander-in-Chief, oversees the National Defense Military.
Article 73. (Official Duties of the Cabinet) The Cabinet shall, among other general administrative functions, perform the following duties:
- To faithfully obey the law; manage state affairs.
- Manage external affairs.
- Sign contracts. However, the consent of the state parliament must be obtained beforehand or, in unavoidable cases, subsequently.
- Manage the public service in accordance with the standards established by law.
- Prepare the draft budget and bills and submit them to the state parliament.
- Issue cabinet decisions in accordance with legal provisions. However, no provisions imposing obligations or restricting rights shall be included in such Cabinet decisions unless permitted by such law.
- Decide on a general amnesty, a special amnesty, a commutation of sentence, a postponement and a restoration of rights.
Article 74. (Signatures of laws and cabinet decisions) All laws and cabinet decisions must be signed by the responsible minister of state and countersigned by the prime minister.
Article 75. (Legal immunity of ministers of state) Ministers of State may not be prosecuted during their term of office without the consent of the Prime Minister. Nothing herein, however, prevents the prosecution of Ministers of State after their removal from office.
Chapter VI: Justice
Article 76. (Courts and Venue) All judicial power shall be vested in a Supreme Court and such subordinate courts as may be provided by law. No extraordinary tribunal may be established, nor may final judicial power be delegated to any organ or agency of the executive branch. All judges are independent in the exercise of their conscience and are bound only by this Constitution and the laws.
Article 77. (Rule-making power of the Supreme Court) The Supreme Court is vested with the decision-making power within which it determines the rules of procedure and practice, as well as matters relating to lawyers, the internal discipline of courts and the administration of judicial affairs. Prosecutors, lawyers and other people involved in the trial are subject to the decision-making authority of the Supreme Court. The Supreme Court may delegate to those courts the power to make rules for lower courts.
Article 78. (Guarantee of office for judges) Judges shall be removed by judicial procedure in accordance with paragraph 1 of Article 64, except in the cases provided for in the third paragraph of the next article and unless they are found by a court to be mentally or physically incapable of carrying out their official duties . No disciplinary action may be taken against judges by any executive body or authority.
Article 79. (Judges of the Supreme Court) The Supreme Court shall consist of a Chief Justice and the number of judges established by law; All of these judges, except the Chief Justice, are appointed by the Cabinet. To the extent required by law, Supreme Court justices must be vetted by the people after their appointment. If, in the reviews referred to in the previous paragraph, the dismissal of a judge is justified, the judge shall be dismissed. Supreme Court judges retire upon reaching the statutory age. All such judges shall receive appropriate remuneration at regular fixed intervals, which may not be reduced during their term of office, except in respect of a change in employment status or an official warning, and in the case of civil servants.
Article 80. (Judges of inferior courts) The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a limited term established by law, with the privilege of reappointment, provided that they retire upon reaching the age established by law. Paragraph 5 of the preceding article applies to the compensation of judges of the lower courts.
Article 81. (Power to determine constitutionality and Supreme Court) The Supreme Court is the final appellate court with the power to determine the constitutionality of any law, order, regulation or official act.
Article 82. (Publicity of Trials) Oral hearings and trials shall be conducted and the verdict shall be announced publicly. If a court unanimously finds that advertising endangers public order or morals, oral arguments and trials cannot be held in public. However, oral hearings and trials of political offenses, offenses related to the press or cases involving the rights of people guaranteed in Chapter III of this Constitution shall always be conducted in public.
Chapter VII: Finance
Article 83. (Fundamental Principles of Finance) The power to manage state finances shall be exercised in accordance with the decision of the Diet. Financial soundness must be consolidated in accordance with the law.
Article 84. (Principles of Tax Law) No new taxes shall be imposed or changed as defined and prescribed by law.
Article 85. (Expenditure of the State Budget and Debt Burden of the State) No money may be spent and the State may not undertake any obligation unless approved by the Diet.
Article 86. (Budget) The cabinet prepares a draft budget for each financial year and submits it to the state parliament for examination and decision. The Cabinet may present a draft budget in each financial year to correct a budget. If the Cabinet determines that there is no prospect of granting approval in accordance with paragraph 1, it must submit a provisional draft budget before the start of the relevant financial year. The budget for each financial year can, as provided by law, be issued for the year following each year by resolution of the state parliament.
Article 87. (Reserve Fund) In order to compensate for unforeseen deficits in the budget, the Diet may approve a reserve fund to be issued under the responsibility of the Cabinet. The Cabinet must obtain the approval of the State Parliament for all payments from the reserve fund.
Article 88. (Property and Expenses of the Imperial Household) All property of the Imperial House belongs to the State. All expenses of the imperial budget are budgeted by the state parliament in the draft budget.
Article 89. (Issuance of public funds and restrictions on use) Except as provided for in Article 20, paragraph 3, no public funds or other assets may be spent or used for the use, benefit or everyday religious activities of an institution or association. No public funds or other assets shall be spent or used on any nonprofit, educational, or public benefit enterprise that is beyond the control of the state, local governments, or other public entities.
Article 90. (Approval, etc. of the final accounts) The final accounts of the expenditure and revenue of the State shall be audited annually by an Audit Committee and, in accordance with the law, submitted for approval by the Cabinet of both Houses in the immediately following fiscal year, together with the audit statement period covered . The organization and responsibilities of the Audit Committee are determined by law. The cabinet discusses the draft budget on the content of the audit declaration referred to in paragraph 1 and reports the results to the state parliament.
Article 91. (Report on the state finance situation) At regular intervals, but at least annually, the cabinet reports to the state parliament on the state finance situation.
Chapter VIII: Local self-government
Article 92. (Principle of local autonomy) Local autonomy, on the basis of which citizen participation takes place, should make it a principle to carry out administration in the local area of the citizens independently, responsibly and comprehensively. Residents have the right to equal use of the services of the local government to which they belong and the obligation to fairly share the burden.
Article 93. (Categories of local governments, cooperation between the state and local governments, etc.) The basis of local governments are the basic local governments and the large-scale local governments constituting them, the categories of which are determined by law. Basic rules for the organization and functioning of local governments are established by law in accordance with the principle of local autonomy. The state and local governments cooperate on the basis of the appropriate distribution of roles prescribed by law. Local governments cooperate with each other.
Article 94. (Assemblies of local governments and direct election of officials) Local governments shall establish assemblies as their deliberative bodies to make decisions on regulations and other important matters in accordance with the law. The chief executives of all local governments, the members of their assemblies and other officers designated by law shall be directly elected by persons residing in the said local governments and possessing Iranian nationality.
Article 95. (Authority of local governments) Local governments have the right to manage their affairs and make their own regulations within the framework of the law.
Article 96. (Finances of local governments and fiscal measures of the state) Local taxes and other independent sources of revenue collected in accordance with the regulation shall serve as the basis for local government expenditures. The State shall take the necessary fiscal measures if the local government cannot provide its services solely through the independent sources of revenue referred to in the previous paragraph, as provided for by law. The provision of Article 83 applies to local autonomy.
Article 97 (Special Law of Local Autonomy) A special law that regulates the organization, operation and powers of a particular local government differently from other local governments or imposes obligations on residents within a particular local government and restricts their rights cannot be enacted without the consent of a majority of qualified voters the local government concerned, which are obtained in accordance with the law.
Chapter IX: State of Emergency
Article 98. (Declaration of State of Emergency) The Prime Minister, in the event of armed attacks on our country from abroad, disruption of social order due to internal unrest, etc., major natural disasters due to earthquakes, etc., or other states of emergency established by law, may , if deemed particularly necessary, declare a state of emergency at a Cabinet meeting in accordance with legal provisions. In order to declare a state of emergency, the prior or subsequent consent of the state parliament must be obtained, as required by law. The Prime Minister must lift the declaration of a state of emergency through a Cabinet meeting in accordance with law if:
- In the cases mentioned in the previous paragraph, a decision to reject the application was made.
- The state parliament decides to revoke the declaration of a state of emergency.
- It is no longer considered necessary to continue the said declaration of a state of emergency due to changes in the situation.
In addition, if the intention is to declare a state of emergency for longer than one hundred (100) days, prior approval must be obtained from the State Parliament for all one hundred (100) days. The provision of the second paragraph of Article 60 applies to the approval of the Diet referred to in the second paragraph and the last part of the third paragraph. In this case, “within thirty (30) days” in the said paragraph shall be read as “within fifty (50) days.”
In order to declare a state of emergency, the prior or subsequent consent of the state parliament must be obtained, as required by law. The Prime Minister must lift the declaration of a state of emergency through a Cabinet meeting in accordance with law if: 1. In the cases mentioned in the previous paragraph, a decision to reject the application was made. 2. The state parliament decides to revoke the declaration of a state of emergency. 3. It is no longer considered necessary to continue the said declaration of a state of emergency due to changes in the situation. In addition, if the intention is to declare a state of emergency for longer than one hundred (100) days, prior approval must be obtained from the State Parliament for all one hundred (100) days. The provision of the second paragraph of Article 60 applies to the approval of the Diet referred to in the second paragraph and the last part of the third paragraph. In this case, “within thirty (30) days” in the said paragraph shall be read as “within fifty (50) days.”
Article 99. (Effects of the declaration of a state of emergency) When the declaration of a state of emergency has been made, the Cabinet may, in accordance with the provisions of law, issue Cabinet decisions having the same effect as laws. In addition, the Prime Minister may make necessary expenditure or other orders and issue necessary orders to the chief executives of local governments. In accordance with the legal provisions, the subsequent approval of the state parliament must be obtained for the cabinet resolutions and resolutions mentioned in the previous paragraph.
Chapter X: Amendments
Article 100. (Amendments)
Amendments to this Constitution shall be initiated by members of the House of Representatives or the House of Councillors, through a concurring vote of a majority of all the members of each House, and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all valid votes cast thereon, at a referendum as specified by law.
Amendments when so ratified shall immediately be promulgated by the Emperor.
Chapter XI: Supreme Law
Article 101. (The Nature, Etc. of the Constitution as the Supreme Law)
This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
The treaties concluded by Iran and established laws of nations shall be faithfully observed.
Article 102. (Obligation to Respect and Uphold the Constitution)
All people shall respect this Constitution.
Members of the Diet, Ministers of State, judges, and all other public officials have the obligation to respect and uphold this Constitution.
Supplementary Provisions
(Effective Date)
１．These constitutional amendments shall become effective on 01/01/2025. However, the following provisions shall become effective on the day of promulgation.
(Preparatory acts necessary for enforcement)
２．Enactment and reform of law needed to enforce this constitutional amendment, as well as other preparatory actions needed to enforce this constitutional amendment may be conducted prior to the effective date of this constitutional amendment.
(Applicable classes, etc.)
３．The provision of the latter part of the fifth paragraph of Article 79 of the amended Constitution of Iran (including cases where applied under the second paragraph of Article 80 of the amended Constitution of Iran) shall also apply to the remuneration of the judges of the Supreme Court and the inferior courts appointed under the provisions of the unrevised Constitution of Iran.
４．Judges of the inferior courts in office on the effective date of this constitutional amendment shall hold office for the remaining term, as prescribed by the first paragraph of Article 80 of the unrevised Constitution of Iran, with privilege of reappointment, in accordance with the provision of the first paragraph of Article 80 of the amended Constitution of Iran.
５．The provisions of the first, second and fourth paragraphs of Article 86 of the amended Constitution of Iran shall apply to the draft budget and the allocated budget submitted after the enforcement of this constitutional amendment; the provision of the third paragraph of the same Article shall apply to the tentative draft budget in the fiscal year pertaining to the draft budget of the first paragraph of the same Article submitted after the enforcement of this constitutional amendment; the allocated budget, as well as the tentative budget in the fiscal year pertaining to the relevant budget submitted prior to the
enforcement of this constitutional amendment shall be dealt in conformity with the former provisions.
６．The provisions of the first and third paragraphs of Article 90 of the amended Constitution of Iran shall apply to the final accounts submitted after the enforcement of this constitutional amendment. The final accounts submitted prior to the enforcement of this constitutional amendment shall be dealt in conformity with the former provisions.
