In
the sixth chapter of the Iranian constitution the role and legislative
authority of the Parliament is outlined.
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|
Treaty
I
Islamic Consultative Assembly |
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| Article 62 |
| The Majles shall consist of
representative of the Nation elected directly by secret ballot. The
qualifications of voters and candidates, and the manner of elections shall
be laid down by law. |
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| Article 63 |
| The term of office of the
representatives of the Majles shall be four years. The elections of each
term shall be held before the termination of the earlier term so that the
country shall never be left without a Majles. |
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| Article 64 |
| The Majles shall have two hundred and
seventy (270) representatives. As of the date of referendum conducted in
One thousand three hundred and sixty eight(1989) no more than twenty
representatives may be added to this number after every ten (10) years, by
taking into account the human, political, geographical and other similar
factors.
The Zoroastrians and Jews shall have one representative each; Assyrian
and Chaldean Christians collectively shall have one representative and the
Armenian Christians of the south and the north shall each have one
representative. The boundaries of the electoral constituencies and the
number of representatives shall be laid down by law. |
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| Article 65 |
| After the holding of elections, the
sessions of the Majles be validly held with a quorum of two-thirds of the
total number of representatives. Legal drafts and bills shall be passed in
accordance with the approved internal regulations except in cases where a
special quorum has been prescribed by the Constitution. For approving the
internal regulations the votes of a majority of two-thirds of those
present shall be needed. |
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| Article 66 |
| The internal regulations of the Majles
shall lay down the manner of election of its Speaker and Presiding Board,
number of committees, terms of their office and matters related to the
Majles deliberations and discipline. |
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| Article 67 |
| The representatives shall, at the
first session, of the Majles take the following oath of office and sign
the text of the oath:
In the Name of God the Merciful, the Compassionate
"In the presence of the, Holy Koran I swear to God Almighty and
undertake upon my human dignity to protect the sanctity of Islam and
safeguard the achievements of the Islamic Revolution of Iranian people and
the essentials of the, Islamic Republic, to uphold the trust placed in us
by the Nation as a just trustee, to observe piety and honesty in the
discharge of my functions as a representative of the people, to remain
always faithful and true to the independence and dignity of the country,
protection of rights of the Nation and service to people, to defend the
Constitution, and to uphold the independence of the country and the
freedom and interests of the people in words, writings and Comments".
The representatives of religious minorities shall take the above oath
by swearing to their own holy books.
The representatives who are not present at the first session of the
Majles must take the oath of office at the very first session they
attend. |
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| Article 68 |
| In time of war or military occupation
of the country, elections shall be suspended for a definite period of time
at the places under occupation or in the entire country, upon proposal by
the President, approval by three-fourths of the total number of
representatives and ratification by the Guardian Council. In case a new
Majles is not formed, the former Majles shall continue to function. |
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| Article 69 |
| The deliberations of the Majles must
be open and a full report thereof shall be made public through the Radio
and the official Gazette. In emergency conditions, under circumstances
when the national security requires it, the Majles sessions may be held in
camera, upon the request by the President, or one of the ministers, or ten
representatives. Law and regulations passed at a session held in camera
shall be valid only if approved in the presence of the Guardian Council by
three-fourths of the total number of representatives. The reports and
approvals of such sessions must be made public after the emergency
conditions have ceased to exist. |
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| Article 70 |
| The President, his deputies and the
Ministers may participate in the open sessions of the Majles either
collectively or individually and bring along their advisers. The Ministers
are required to appear before the Majles if requested to do so by the
representatives. Likewise they will be heard by the Majles if they so
request it. |
|
Treaty II
Authority
& Competence of the Majles |
|
| Article 71 |
| The Majles may, within the limits of
the Constitution, enact laws on all matters. |
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| Article 72 |
| The Majles may not enact laws contrary
to the principle and rules of the official Faith of the country or the
Constitution. This fact shall be decided by the Guardian Council in the
manner set forth in Article 96. |
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| Article 73 |
| The interpretation of ordinary laws
shall be within the competence of the Majles. However, this article shall
not prevent the judges from interpreting laws while administering
justice. |
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| Article 74 |
| Government bills shall be presented to
the Majles after having been approved by the Council of Ministers.
Members' bills may be proposed to the Majles if sponsored by a number of
at least fifteen (15) representatives. |
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| Article 75 |
| Members' bills, and proposals and
amendments to government bills proposed by representatives of the Majles
leading to reduction in public revenues or increase in public
expenditures, may be presented to the Majles, only if they also include
ways and means of making good the reduction in income or of obtaining new
revenues. |
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| Article 76 |
| The Majles shall be empowered to
investigate and scrutinize all matters related to the country. |
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| Article 77 |
| All international conventions,
protocols, treaties and pacts shall receive approval by the Majles. |
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| Article 78 |
| Any alterations in the country's
boundary fines shall be prohibited, with the exception of minor changes
made with due observance of the country's interests provided, however,
that the same shall not be unilateral, shall not damage the country's
independence and territorial integrity, and shall be approved by a
four-fifths majority of the Majles representatives. |
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| Article 79 |
| It shall be prohibited to proclaim
martial law. In a state of war, or emergency conditions similar to it, the
Government shall be allowed to provisionally, impose necessary
restrictions with the approval of the Majles. However, its duration shall
in no case exceed thirty (30) days. Should such contingency continues to
persist, the Government shall be required to seek again permission of the
Majles. |
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| Article 80 |
| The Government may give or take loans
or grants-in-aid, whether domestic or foreign, with the approval of the
Majles. |
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| Article 81 |
| It shall be absolutely prohibited to
grant concessions to foreigners for establishing companies and
institutions in the areas of trade, industry, agriculture, mines and
services. |
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| Article 82 |
| The employment of foreign experts by
the Government shall be prohibited unless it is essential and approved by
the Majles. |
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| Article 83 |
| Government buildings and properties
constituting national heritage may not be transferred to another unless
with the approval of the Majles, and that, too, shall be possible only
when it is not single in its kind. |
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| Article 84 |
| Every representative of the Majles
shall be responsible vis-a-vis the entire Nation and shall be entitled to
express his views on all internal and external matters of the
country. |
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| Article 85 |
| The position of membership of the
Majles shall be personal and may not be assigned to another. The Majles
may not delegate the right to legislate to another person or committee.
However, in necessary cases it may delegate the right to legislate certain
laws to its own internal committees, with due observance, of the
provisions of Article 72. In this case, such laws shall be enforced on
trial basis for the period set by the Majles. Their final approval,
however, shall rest with the Majles.
Likewise the Majles may delegate to its relevant committees the
permanent approval of articles of association of Government agencies,
companies or organizations, or those affiliated to the Government, with
due observance of the provisions of Article 72, and\or authorize the
Government to approve them. In such a case the Government approvals shall
not be inconsistent with the principles and rules of the country's
official Faith or the Constitution and the issue shall be determined by
the Guardian Council in the manner laid down in Article 96. Moreover, the
Government approvals shall not be inconsistent with the general laws and
regulations of the country. While the Government notifies such approvals
for implementation [to the ministries concerned], it shall also notify the
same to the Majles Speaker who shall examine and state whether or not they
are inconsistent with the said laws. |
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| Article 86 |
| While carrying out their functions as
Majles members, the representatives of the Majles shall be completely free
to express their views and cast their votes. They may not be prosecuted or
arrested for expressing their views in the Majles or casting their votes
while discharging their functions as a representative. |
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| Article 87 |
| The President shall obtain a vote of
confidence from the Majles for the Council of Ministers after the latter
is formed and before proceeding with any other matter. He may also seek
the Majles's vote of confidence for the Council of Ministers during his
term of office in respect of important and controversial issues. |
|
| Article 88 |
| Whenever at least one-fourth of the
total number of representatives of the Majles have a question to ask from
the president, or any of the representatives from the responsible minister
on subject relating to their duties, the President or the minister
concerned, as the case may be, shall be-required to appear before the
Majles and answer the question. Such answer shall not be delayed for more
than one(l) month in case of the President, or more than ten (10) days in
case of the minister, unless there is a plausible excuse, as decided by
the Majles. |
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| Article 89 |
- The representatives of the Majles may impeach the Council of
Ministers or any of the ministers in cases deemed necessary by them. The
articles of impeachment may be proposed to the Majles only if signed by
at least ten (10) representatives of the Majles. The Council of
Ministers or the particular minister impeached shall appear before the
Majles within a period of ten (10) days from the date the articles of
impeachment are proposed to the Majles, answer the impeachment, and seek
a vote of confidence from the Majles.
In case the Majles does not
pass a vote of confidence, the Council of Ministers or the particular
minister impeached shall be dismissed. In both cases the ministers
impeached may not be a member of the Council of Ministers formed
immediately thereafter.
- If at least one-third of the representative of the Majles impeach
the President with respect to discharge of his duties of management of
the Executive Power and running of the executive affairs of the State,
the President shall appear before the Majles within the period of one
month from the date the articles of impeachment are proposed, and give
sufficient explanations with respect to the issues raised. If after the
statement made by the opposing and supporting representatives and reply
by the President, the two-thirds majority of the representatives’ votes
to the incompetence of the President, the Honorable Leader shall be
informed of the circumstances for the enforcement of paragraph 10,
Article 110 hereof.
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| Article 90 |
| Anyone having a complaint against the
manner in which the Majles, the Executive or the Judiciary is carrying out
its functions, may submit his complaint in writing to the Majles. The
Majles shall then be bound to examine those complaints and give adequate
reply. In case the complaint relates to the Executive or the Judiciary, it
shall demand proper investigations and reply from them, and then declare
the results thereof within a reasonable period of time; in cases where it
relates to public, the Majles shall inform the public at large. |
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| Article 91 |
|
With a view to safeguarding the rules of Islam and the Constitution,
and to see that the approvals of the Majles are not inconsistent with
them, a Council known as the Guardian Council shall be established
composed of the following:
- Six Faqihs, just and acquainted with the needs of the time and issue
of the day. These individuals shall be appointed by the Leader.
- Six jurists, specializing in various branches of law, elected by the
Majles from among Muslim jurists proposed to the Majles by the Head of
the Judiciary.
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| Article 92 |
| Members of the Guardian Council shall
be elected for a period of six years. However, after the passage of three
years in the first term, half of the members of each group shall be
changed by drawing lot, and new members shall be appointed in their
stead. |
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| Article 93 |
| Without the Guardian Council the
Majles shall have no legal validity except in case of approval of
credentials of its representatives and election of six jurist members of
the Guardian Council. |
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| Article 94 |
| All legislation passed by the Majles
shall be sent to the Guardian Council within a maximum period of ten (10)
days from the date of its receipt, the Guardian Council shall be required
to examine the same to ensure that it conforms to the principles of Islam
and the Constitution. If the Guardian Council finds any inconsistency in
the legislation, it shall return it to the Majles for review. Otherwise
the said legislation shall be enforceable. |
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| Article 95 |
| Should the Guardian Council in certain
cases feel that ten (10) days time is not sufficient for examining and
giving a final opinion, it may request the Majles to further extend the
said time limit for a maximum period of another ten (10) days giving
reasons for such request. |
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| Article 96 |
| The majority of Faqihs of the Guardian
Council shall decide whether or not the legislation passed by the Majles
is in conformity with the precepts of Islam. The majority of all members
of the Guardian Council shall decide whether or not the same complies with
the provisions of the Constitution. |
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| Article 97 |
| With a view to expediting the work,
members of the Guardian Council may attend the Majles sessions while a
Government bill or a members' bill is being discussed, and listen to the
deliberations. However, if an urgent Government or members' bill is on the
agenda of the Majles, members of the Guardian Council shall attend the
Majles sessions and express their views. |
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| Article 98 |
| The interpretation of the Constitution
shall be the responsibility of the Guardian Council, which
[interpretation] shall be approved with a three-fourths majority of its
members. |
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| Article 99 |
| The Guardian Council shall be charged
with the responsibility of supervising the elections of the Assembly of
Experts for Leadership, the President, the Majles, and referendums. |
