After the office of Leadership, the President is the highest
official in the country. His is the responsibility for implementing
the Constitution and acting as the head of the executive, except in
matters directly concerned with (the office of) the Leadership.
The President is elected for a four-year term by the direct vote of
the people. His re-election for a successive term is permissible
The President must be elected from among religious and political
personalities possessing the following qualifications: Iranian
origin; Iranian nationality; administrative capacity and
resourcefulness; a good past-record; trustworthiness and piety;
convinced belief in the fundamental principles of the Islamic
Republic of Iran and the official religion of the country.
Candidates nominated for the post of President must declare their
candidature officially. Law lays down the manner in which the
President is to be elected.
The President is elected by an absolute majority of votes polled by
the voters. But if none of the candidates is able to win such a
majority In the first round, voting will take place a second time on
Friday of the following week. In the second round only the two
candidates who received greatest number of votes in the first round
will participate. If, however, some of the candidates securing
greatest votes in the first round withdraw from the elections, the
final choice will be between the two candidates who won greater
number of votes than all the remaining candidates.
Responsibility for the supervision of the election, of the President
lies with the Guardian Council, as stipulated in Article 99. But
before the establishment of the first Guardian Council, however, it
lies with a supervisory body to be constituted by law.
The election of a new President must take place no later than one
month before the end of the term of the outgoing President. In the
interim period before the election of the new President and the end
of the term of the outgoing President, the outgoing President will
perform the duties of the, President.
In case any of the candidates whose suitability is established in
terms of the qualifications listed above should die within ten days
before polling day, the elections will be postponed for two weeks.
If one of the candidates securing greatest number of votes dies in
the intervening period between the first and second rounds of
voting, the period for holding (the second round of) the election
will be extended for two weeks.
The President must take the following oath and affix his signature
to it at a session of the Islamic Consultative Assembly in the
presence of the head of the judicial power and the members of the
"In, the Name
of God, the Compassionate, the Merciful, I, as President, swear, in
the presence of the Noble Qur'an and the people of Iran, by God, the
Exalted and Almighty, that I will guard the official religion of the
country, the order of the Islamic Republic and the Constitution of
the country; that I will devote all my capacities and abilities to
the fulfillment of the responsibilities that I have assumed; that I
will dedicate myself to the service of the people, the honor of the
country, the propagation of religion and morality, and the support
of truth and justice, refraining from every kind of arbitrary
behavior; that I will protect the freedom and dignity of all
citizens and the rights that the Constitution has accorded the
people; that in guarding the frontiers and the political, economic,
and cultural independence of the country I will not shirk any
necessary measure; that, seeking help from God and following the
Prophet of Islam and the infallible Imams (peace be upon them), I
will guard, as a pious and selfless trustee, the authority vested in
me by the people as a sacred trust, and transfer it to whomever the
people may elect after me."
The President, within the limits of his powers and duties, which he
has by virtue of this Constitution or other laws, is responsible to
the people, the Leader and the Islamic Consultative Assembly.
The President is obliged to sign legislation approved by the
Assembly or the result of a referendum, after the (related) legal
procedures have been completed and it has been communicated to him.
After signing, he must forward it to the responsible authorities for
The President may have deputies for the performance of his
constitutional duties. With the approval of the President, the first
deputy of the President shall be vested with the responsibilities of
administering the affairs of the Council of Ministers and
coordination of functions of other deputies.
The President or his legal representative has the authority to sign
treaties, protocols, contracts, and agreements concluded by the
Iranian government with other governments, as well as agreements
pertaining to international organizations, after obtaining the
approval of the Islamic Consultative Assembly.
The President is responsible for national planning and budget and
state employment affairs and may entrust the administration of these
In special circumstances, subject to approval of the Council of
Ministers the President may appoint one or more special
representatives with specific powers. In such cases, the decisions
of his representative(s) will be considered as tee same as those of
the President and the Council of Ministers.
The ambassadors shall be appointed upon the recommendation of the
foreign minister and approval of the President. The President signs
the credentials of ambassadors and receives the credentials
presented by the ambassadors ,of the foreign countries.
The award of state decorations is a prerogative of the President.
The President shall submit his resignation to the Leader and shall
continue performing his duties until his resignation is not
In case of death, dismissal, resignation, absence, or illness
lasting longer than two months of the President, or when his term in
office has ended and a new president has not been elected due to
some impediments, or similar other circumstances, his first deputy
shall assume, with the approval of the Leader, the powers and
functions of the President. The Council, consisting of the Speaker
of the Islamic Consultative Assembly, head of the judicial power,
and the first deputy of the President, is obliged to arrange for a
new President to be elected within a maximum period of fifty days.
In case of death of the first deputy to the President, or other
matters which prevent him to perform his duties, or when the
President does not have a first deputy, the Leader shall appoint
another person in his place.
During the period when the powers and responsibilities of the
President are assigned to his first deputy or the other person in
accordance with Article 131, neither can the ministers be
interpolated nor can a vote of no-confidence be passed against them.
Also, neither can any step be undertaken for a review of the
Constitution, nor a national referendum be held.
The President and The Ministers
Ministers will be appointed by the President and will be presented
to the Assembly for a vote of confidence. With the change of
Assembly, a new vote of confidence will not be necessary. The number
of ministers and the jurisdiction of each will be determined by law.
The President is the head of the Council of Ministers. He supervises
the work of the ministers and takes all necessary measures to
coordinate the decisions of the government. With the cooperation of
the ministers, he determines the program and policies of the
government and implements the laws. In the case of discrepancies, or
interference in the constitutional duties of the government
agencies, the decision of the Council of Ministers at the request of
the President shall be binding provided it does not call for an
interpretation of or modification in the laws. The President is
responsible to the Assembly for the actions of the Council of
The ministers shall continue in office unless they are dismissed, or
given a vote of no-confidence by the Assembly as a result of their
interpolation, or a motion for a vote of no-confidence against them.
The resignation of the Council of Ministers, or that of each of them
shall be submitted to the President, and the Council of Ministers
shall continue to function until such time as the new government is
The President can appoint a caretaker for a maximum period of three
months for the ministries having no minister.
The President can dismiss the ministers and in such a case he must
obtain a vote of confidence for the new minister(s) from the
Assembly. In case half of the members of the Council of Ministers
are changed after the government has received its vote of confidence
from the Assembly, the government must seek a fresh vote of
confidence from the Assembly.
Each of the ministers is responsible for his duties to the President
and the Assembly, but in meters approved by the Council of Ministers
as a whole, he is also responsible for the actions of the others.
In addition to instances in which the Council of Ministers or a
single minister is authorized to frame procedures for the
implementation of laws, the Council of Ministers has the right to
lay down rules, regulations, and procedures for performing its
administrative duties, ensuring the implementation of laws, and
setting up administrative bodies. Each of the ministers also has the
right to frame regulations and issue circular in matters within his
jurisdiction and in conformity with the decisions of the Council of
Ministers. However, the content of all such regulations must not
violate the letter or the spirit of the law. The government can
entrust any portion of its task to the commissions composed of some
ministers. The decisions of such commissions within the rules will
be binding after the endorsement of the President.
The ratification and the regulations of the government and the
decisions of the commissions mentioned under this Article shall also
be brought to the notice of the Speaker of the Islamic Consultative
Assembly while being communicated for implementation so that in the
event he finds them contrary to law, he may send the same stating
the reason for reconsideration by the Council of Ministers.
The settlement, of claims relating to public and state property or
the referral thereof to arbitration is in every case dependent on
the approval of the Council of Ministers, and the Assembly must be
informed of these matters. In cases where one party to the dispute
is a foreigner, as well as in important cases that are purely
domestic, the approval of the Assembly must also be obtained. Law
will specify the important cases intended here.
Allegations of common crimes against the President, his deputies,
and the ministers will be investigated in common courts of justice
with the' knowledge of the Islamic Consultative Assembly.
The President, the deputies to the President, ministers, and
government employees cannot hold more than one government position,
and it is forbidden for them to hold any kind of additional post in
institutions of which all or a part of the capital belongs to the
government or public institutions, to be a member of the Islamic
Consultative Assembly, to practice the profession of attorney or
legal adviser, or to hold the post of president, managing director,
or membership of the board of directors of any kind of private
company, with the exception of cooperative companies affiliated to
the government departments and institutions. Teaching positions in
universities and research institutions are exempted from this rule.
The assets of the Leader, the President, the deputies to the
President, and ministers, as well as those of their spouses and
offspring, are to be examined before and after their term of office
by the head of the judicial power, in order to ensure they have not
increased in a fashion contrary to law.
The Army and The Islamic Revolutionary Guards Corps
The Army of the Islamic Republic of Iran is responsible for guarding
the independence and territorial integrity of the country, as well
as the order of the Islamic Republic.
The Army of the Islamic Republic of Iran must be an Islamic Army,
i.e., committed to Islamic ideology and the people, and must recruit
into its service individuals who have faith in the objectives of the
Islamic Revolution and are devoted to the cause of realizing its
No foreigner will be accepted into the Army or security forces of
The establishment of any kind of foreign military base in Iran, even
for peaceful purposes, is forbidden.
In time of peace, the government must utilize the personnel and
technical equipment of the Army in relief operations, and for
educational and productive ends, and the Construction Jihad, while
fully observing the criteria of Islamic justice and ensuring that
such utilization does not harm the combat-readiness of the Army.
All forms of personal use of military vehicles, equipment, and other
means, as well as taking advantage of Army personnel as personal
servants and chauffeurs or in similar capacities, are forbidden.
Promotions in military rank and their withdrawal take place in
accordance with the law.
The Islamic Revolution Guards Corps, organized in the early days of
the triumph of the Revolution, is to be maintained so that it may
continue in its role of guarding the Revolution and its
achievements. The scope of the duties of this Corps, and its areas
of responsibility, in relation to the duties and areas of
responsibility of the other armed forces, are to be determined by
law, with emphasis on brotherly cooperation and harmony among them.
In accordance with the noble Qur'anic verse:
"(Prepare against them whatever force you are able to muster, and
horses ready for battle, striking fear into God's enemy and your
enemy, and others beyond them unknown to you but known to God...
[8:60])" the government is obliged to provide a program of military
training, with all requisite facilities, fob all its citizens, in
accordance with the Islamic criteria, in such a way that all
citizens will always be able to engage in the armed defence of the
Islamic Republic of Iran. The possession of arms, however, requires
the granting of permission by the competent authorities.