The Judiciary Power
The judiciary is an independent power, the protector of the rights
of the individual and society, responsible for the implementation of
justice, and entrusted with the following duties:
Investigating and passing judgment on grievances, violations of
rights, and complaints; the resolving of litigation; the
settling of disputes; and the taking of all necessary decisions
and measures in probate matters as the law may determine;
public rights and promoting justice and legitimate freedoms;
Supervising the proper enforcement of laws;
crimes; prosecuting, punishing, and chastising criminals; and
enacting the penalties and provisions of the Islamic penal code;
suitable measures to prevent the occurrence of crime and to
In order to fulfill the responsibilities of the judiciary power in
all the matters concerning judiciary, administrative and executive
areas, the Leader shall appoint a just Mujtahid well versed in
judiciary affairs and possessing prudence. and administrative
abilities as the head of the judiciary power for a period of five
years who shall be the highest judicial authority.
The head of the judiciary branch is responsible for the following:
Establishment of the organizational structure necessary for the
administration of justice commensurate with the responsibilities
mentioned under Article 156.
judiciary bills appropriate for the Islamic Republic.
of just and worthy judges, their dismissal, appointment,
transfer, assignment to particular duties, promotions, and
carrying out similar administrative duties, in accordance with
The courts of justice are the official bodies to which all
grievances and complaints are to be referred. The formation of
courts and their jurisdiction is to be determined by law.
The Minister of Justice owes responsibility in all matters
concerning the relationship between the judiciary, on the one hand,
and the executive and legislative branches, on the other hand. He
will be elected from among the individuals proposed to the President
by the head of the judiciary branch. The head of the judiciary may
delegate full authority to the Minister of Justice in financial and
administrative areas and for employment of personnel other than
judges in which case the Minister of Justice shall have the same
authority and responsibility as those possessed by the other
ministers in their capacity as the highest ranking government
The Supreme Court is to be formed for the purpose of supervising the
correct implementation of the laws by the courts, ensuring
uniformity of judicial procedure, and fulfilling any other
responsibilities assigned to it by law, on the basis of regulations
to be established by the head of the judicial branch.
The chief of the Supreme Court and the Prosecutor-General must both
be just mujtahids well versed in judicial matters. They will be
nominated by the head of the judiciary branch for a period of five
years, in consultation with the judges of the Supreme Court.
The conditions and qualifications to be fulfilled by a judge will be
determined by law, in accordance with the criteria of fiqh.
A judge cannot be removed, whether temporarily or permanently, from
the post he occupies except by trial and proof of his guilt, or in
consequence of a violation entailing his dismissal. A judge cannot
be transferred or redesignated without his consent, except in cases
when the interest of society necessitates it, that too, with the
decision of the head of the judiciary branch after consultation with
the chief of the Supreme Court and the Prosecutor General. The
periodic transfer and rotation of judges will be in accordance with
general regulations to be laid down by law.
Trials are to be held openly and members of the public may attend
without any restriction; unless the court determines that an open
trial would be detrimental to public morality or discipline, or if
in case of private disputes, both the parties request not to hold
The verdicts of courts must be well reasoned out and documented with
reference to the articles and principles of the law in accordance
with which they are delivered.
The judge is bound to endeavor to judge each case on the basis of
the codified law. In case of the absence of any such law, he has to
deliver his judgment on the basis of authoritative Islamic sources
and authentic fatwa. He, on the pretext of the silence of or
deficiency of law in the matter, or its brevity or contradictory
nature, cannot refrain from admitting and examining cases and
delivering his judgment.
Political and press offenses will be tried openly and in the
presence of a jury, in courts of justice. The manner of the
selection of the jury, its powers, and the definition of political
offenses, will be determined by law in accordance with the Islamic
No act or omission may be regarded as a crime with retrospective
effect on the basis of a law framed subsequently.
Judges of courts are obliged to refrain from executing statutes and
regulations of the government that are in conflict with the laws or
the norms of Islam, or lie outside the competence of, the executive
power. Everyone has the right to demand the annulment of any such
regulation from the Court of Administrative Justice.
Whenever an individual suffers moral or material loss as the result
of a default or error of the judge with respect to the subject
matter of a case or the verdict delivered, or the application of a
rule in a particular case, the defaulting judge must stand surety
for the reparation of that loss in accordance with the Islamic
criteria, if it be a case of default. Otherwise, losses will be
compensated for by the State. In all such cases, the repute and good
standing of the accused will be restored.
Military courts will be established by law to investigate crimes
committed in connection with military or security duties by members
of the Army, the Gendarmerie, the police, and the Islamic Revolution
Guards Corps. They will be tried in public courts, however, for
common crimes or crimes committed while serving the department of
justice in executive capacity. The office of military prosecutor and
the military courts form part of the judiciary and are subject to
the same principles that regulate the judiciary.
In order to investigate the complaints, grievances, and objections
of the people with respect to government officials, organs, and
statutes, a court will be established to be known as the Court of
Administrative Justice under the supervision of the head of the
judiciary branch. The jurisdiction, powers, and mode of operation of
this court will be laid down by law.
In accordance with the right of the judiciary to supervise the
proper conducting of affairs and the correct implementation of laws
by the administrative organs of the government, an organization I
will be constituted under the supervision of the head of the
judiciary branch to be known as the National General Inspectorate.
The powers and duties of this organization will be determined by