Leadership    The highest authority in the Islamic Republic of Iran is the Leader who as per the Constitution should enjoy piety and fairness as well as proper political and social insight, prudence and academic qualifications for issuing decrees on various issues of fiqh (Islamic jurisprudence). The Experts Assembly whose members are 70 mujtahids (jurisprudents) elected by the people have the duty to elect the leader. The functions and authorities of the Leader are: Determination of the general policies of the system, holding the supreme command of the Armed Forces, declaration of war or peace, appointment and dismissal of the faqihs (clerical Islamic canonists) of the Council of Guardians, highest authority of the Judiciary, head of Islamic Republic of Iran Broadcasting (IRIB), Chief of Joint Staffs, Chief Commander of the Islamic Revolution's Guards Corps (IRGC), chief commanders of the Armed Forces and police forces as well as signing the order of appointment of the president, dismissal of the president after the Supreme Court has given a verdict on the violation by the president of his legal functions or the vote of his incompetence by the Majlis, pardoning or mitigating the sentences of condemned persons, resolving intricate questions of the system that 2cannot be settled through ordinary means through the Expediency Council, resolving disputes and coordinating relations between the three powers.      The Council of Guardian As one of the most significant institutions under by the Supreme Leader, the Guardian Council (GC) has been established to safeguard Islamic rules and the Constitution. The body is in charge of screening the acts ratified by the Majlis (Parliament) so that they are not in conflict with either Islamic laws or the Constitution. Should the GC find any legislation made by the Parliament in contrast with Islam and the Constitution, it will turn them down. The GC comprises a dozen members, that is, six jurisprudent members who have attained the Islamic rank of `Ayatollah' and six jurists. The salient authority pivots are manipulated by the Ayatollahs who are appointed by the Leader for a six-year tenure. They carry out the religious screening process on a vast majority basis during which the jurists are not eligible to vote. However, both panels can vote for or against a statute when Majlis legislations are found to be contrary to the Constitution. The jurist members of the Guardian Council are nominated by the Judiciary and approved by the Parliament. A further key task of the GC is the interpretation of the Constitution, monitoring the Assembly of Experts, presidential, parliamentary and City Council elections, as well as referendums. Based on the interpretation of the GC members of the Constitution, the watchdog body has also the right to qualify or disqualify the electoral candidates. Based on the same interpretation, the GC says it has the right of the so-called "approbatory supervision", that can approve or reject the qualification of the candidates for what it calls the interests of the regime. Thanks to a recent enactment from the Expediency Council, the Guardian Council is obliged to present its evidences for disqualification of the nominees. According to the Constitution, if the majority of the MPs reject the faults found by the GC regarding the acts passed by the Parliament, the legislation would be passed on to the Expediency Council for final settlement.   The Guardian Council in Iran's Constitution Article 91: With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition: 1. six 'adil fuqaha' conscious of the present needs and the issues of the day, to be selected by the Leader, and 2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power. Article 95: In cases where the Guardian Council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the Islamic Consultative Assembly to grant an extension of the time limit not exceeding ten days. Article 96: The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the fuqaha' on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council. Article 97: In order to expedite the work, the members of the Guardian Council may attend the Assembly and listen to its debates when a government bill or a members' bill is under discussion. When an urgent government or members' bill is placed on the agenda of the Assembly, the members of the Guardian Council must attend the Assembly and make their views known. Article 98: The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members. Article 99: The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda. Members of the Council of Guardians -Alizadeh, Ahmad - Alizadeh, Mohammad Reza - Abbasifard, Mohammad Reza - Bizhani, Khosro - Zavarehei, Seyyed Reza - Habibi, Hassan - Mo'men, Mohammad ; Ayatollah - Qadiri, Hassan ; Ayatollah - Rezvani, Gholamreza ; Ayatollah - Larijani, Sadeq ; Hojatoleslam - Yazdi, Mohammad ; Ayatollah -Jannati, Ahmad ; Ayatollah Expediency Discernment Council of the System The Expediency Discernment Council of the System (EDCS) was established on February 6, 1988 upon the orders of Ayatollah Ruhollah Khomeini to overcome the differences of views between the Islamic Consultative Assembly (Majlis) and the Council of Guardians. Article 112 of the 1989 amended Constitution states: "The Majma-e- Tashkhis-e- Maslahat-e Nezam (Expediency Discernment Council of the System) shall be convened at the order of the Leader to determine such expedience in cases where the Council of Guardians finds an approval of the Majlis against the principles of Sharia (religious law) or the Constitution, and the Majlis in view of the expedience of the System is unable to satisfy the Council of Guardians, as well as for consultation in matters referred to it by the Leader, and for discharging other functions laid down in this law. "The permanent and mutable members of this Majma shall be appointed by the Leader. "Regulations related to the Majma shall be prepared and approved by the members of the Majma itself and ratified by the Leader." On March 18, 1997, Ayatollah Seyed Ali Khamenei appointed 27 new members for five years and Hojjatoleslam Akbar Hashemi Rafsanjani as the Chairman of the EDCS thus opening a new window to the functions of the Council. The functions of the EDCS are as follows: 1. Making decisions in those cases where the ratifications of the Islamic Consultative Assembly are not confirmed by the Council of Guardians, and where the deputies insist on the implementation of the ratifications. 2. Consultation in those matters referred thereto by the Leader. 3. Selection of a faqih (clerical Islamic jurist) member of the Council of Guardians of the Constitution as a member of the Leadership Council, in accordance with Article 111 of the Constitution. Article 111 states: "In case the Leader is unable to carry out his legal functions, or loses one of his qualifications mentioned in Article 5 and Article 109, or if it transpires that he did not qualify some of the conditions form the very beginning, he shall be dismissed from his position. "Such decision shall be made by the Khobregan (Assembly of Experts) mentioned in Article 108. "In the case of death, resignation or dismissal of the Leader, the Khobregan shall be required to determine and declare the new Leader at the earliest. As long as the Leader is not declared, a council composed of the President, Head of the Judiciary and one of the Faqihs (jurisconsults) of the Council of Guardians chosen by the Majma-e Tashkhis-e Maslahate-e Nezam shall collectively discharge the functions of the Leader on a temporary basis. If one of them is not able to discharge his duties for any reason whatsoever during this period, another person shall be appointed by the Majma in his place, maintaining the majority of the Faqihs in the council. "This council shall proceed with the discharge of the duties set out in paragraphs 1, 3, 5 and 10, and sub-paragraphs (d), (e) and (f) of paragraph 6, Article 110 hereof, after approval by three-fourths of the members of the Majma-e-Tashkis-e-Maslahat-e-Nezam. "If the Leader is temporarily unable to discharge the functions of the Leader as a result of sickness or other accidents, the council mentioned in this article shall discharge his functions during such period." 4. Membership of the permanent members of the EDCS in the Constitutional Revision Council, in accordance with paragraph 3 of Article 177 of the Constitution. 5. Ratification of the laws passed by the Leadership Council, in accordance with Article 111 of the Constitution. Members of the Expediency Discernment Council of the System 1. Hashemi Rafsanjani, Akbar; Hojjatoleslam (Chairman) Legal Entities: 2. Khatami, Mohammad; Hojjatoleslam (President) 3. Karrubi, Mahdi; Hojjatoleslam (Majlis Speaker) 4. Hashemi Shahroudi, Mahmoudd; Ayatollah (Judiciary Chief) 5. Jannati, Ahmad; Ayatollah (Member of Guardians Council) 6. Ostadi, Reza; Ayatollah (Member of Guardians Council) 7. Rezvani, Gholamreza; Ayatollah (Member of Guardians Council) 8. Mohammadi Gilani, Mohammad;Ayatollah (Member of Guardians Council) 9. Yazdi, Mohammad; Ayatollah (Member of Guardians Council) 10. Taheri Khoram-Abadi, Hasan; Ayatollah (Member of Guardians Council) 11.The minister concerned depending on the subject under discussion Real Entities: 12. Mahdavi Kani, Mohammad Reza; Ayatollah 13. Amini Najafabadi, Ebrahim; Ayatollah 14. Vaez Tabasi, Abbas; Hojjatoleslam 15. Emami Kashani, Mohammad; Ayatollah 16. Mousavi, Mir Hussein 17. Velayati, Ali Akbar 18. Mohammadi Reyshahri, Mohammad; Hojjatoleslam 19. Sane'i, Hassan; Hojjatoleslam 20. Fereidoun Rowhani, Hassan; Hojjatoleslam 21. Mousavi Khoeiniha, Mohammad; Hojjaoleslam 22. Asgar Owladi, Habibollah 23. Dorri Najafabadi, Qorbanali; Hojjatoleslam 24. Larijani, Ali 25. Mirsalim, Mostafa 26. Tavassoli Mahallati, Mohammadreza; Ayatollah 27. Nouri, Abdullah; Hojjatoleslam 28. Nabavi, Morteza 29. Firouzabadi, Hassan; Lt. General 30. Aqazadeh, Gholamreza 31. Namdar Zanganeh, Bijan 32. Hashemi, Mohammad 33. Nourbakhsh, Mohsen 34. Habibi, Hassan Ebrahim      The Judiciary The Judiciary is one of the power branches in Iran that protects individual and social rights, shall be responsible for implementing justice and shall carry out the following functions: To examine and pass judgments in respect of litigations, violations, complaints, to settle lawsuits, resolve hostilities and to take necessary complaints, to settle lawsuits, resolve hostilities and to take necessary decision and action in respect of that part of matters of personal status to be laid down by law; to restore public rights and to promote justice and lawful freedoms; to supervise the proper implementation of laws; to uncover crimes, to prosecute and punish the criminals; and to take suitable measures for preventing the commission of crime and to reform the offenders. For the purpose of carrying out the responsibilities of the Judiciary in all judicial, administrative and executive matters, the Leader shall appoint for five years, a mujtahid (jurisprudent) who is just, has knowledge of judicial matters, is prudent and has managerial skills, as the head of the Judiciary who shall be the highest authority of the judiciary. The Minister of Justice shall be responsible for all matters concerning the relations of the Judiciary with the Executive and the Legislature branches. Investigation of political crimes and press offenses shall be open and shall be carried out by a court of law in the presence of a jury. No court session to deal with political crimes has been held so far. Trials shall be conducted openly and the presence of people therein shall be allowed unless the court decides that it would be contrary to public morals or public order, or in private lawsuits where the parties to it request that the trial be held in camera. For the purpose of dealing with complaints, grievances and objections of people against government employees, institutions or administrative regulations and redressing their rights, a court known as the Administrative High Court shall be established under the supervision of the Head of the Judiciary. 2On the basis of the right of supervision by the Judiciary on the good conduct of affairs and proper implementation of laws by the administrative departments, an organization known as the State Chief Inspectorate shall be established under the supervision of the Head of the Judiciary.     The Legislature Two hundred and seventy elected representatives of the Islamic Consultative Assembly whose number rose to 290 for the 6th Majlis, are responsible to enact laws on all matters. All legislations passed by the Majlis shall be endorsed by the Council of Guardians which comprises six faqihs (clerical Islamic canonists) appointed by the Leader and six jurists elected by the Majlis from among Muslim jurists proposed to the Majlis by the head of the Judiciary. This is to ensure that the legislations comply with the Islamic law and the Constitution. After the approval of the Council of Guardians, the laws must also be endorsed by the President before implementation. The Majlis has no legal weight without the Council of Guardians. The term of office of the Majlis representatives shall be four years. The Majlis shall be empowered to investigate and scrutinize all matters related to the country. The deliberations of the Majlis must be open and a full report thereof shall be made public through the radio and the official gazette. Laws are forwarded to the Majlis in two ways: Government bills are presented to the Majlis after having been approved by the Council of Ministers or bills by MPs may be proposed to the Majlis if sponsored by a number of at least 15 MPs. All international conventions, protocols, treaties and pacts shall receive approval by the Majlis. Every Majlis deputy shall be responsible vis-a-vis the entire nation and shall be entitled to express their views 8on all internal and external matters of the country. While carrying out their functions as Majlis deputies, the representatives of the Majlis shall be completely free to express their views and cast their votes. They many not be prosecuted or arrested for expressing their views in the Majlis or casting their votes while discharging their functions as a representative. The President shall obtain a vote of confidence from the Majlis for the Council of Ministers after the latter is formed and before proceeding with any other matter. Whenever at least one-fourth of the total number of representatives of the Majlis have a question to ask from the President or any of the representatives from the responsible minister on subjects relating to their duties, the President or the minister concerned, as the case may be, shall be required to appear before the Majlis and answer the question. Such answers shall not be delayed for more than one month in case of the President, or more than ten days in case of the minister, unless there is a plausible excuse, as decided by the Majlis. Majlis deputies may impeach a minister in cases deemed necessary by them. The articles of impeachment may be proposed to the Majlis only if signed by at least ten representatives of the Majlis. In case the Majlis does not pass a vote of confidence, the minister impeached shall be dismissed. The Election Law of the Islamic Consultative Assembly (Majlis) The number of Majlis representatives(MPs)stands at 290 atpresent. During the last five terms,the number of representatives was270. Religious minorities have five representatives in the Majlis as follows: Zoroastrians one MP, Jews one MP, Assyrian and Chaldean Christians one MP together, Armenian Christians of the south (with Isfahan as their center) one MP, Armenian Christians of the north (with Tehran as their center) one MP. The Council of Guardians (CG) is charged with supervision over the Majlis elections. This supervision is approbatory and general, which entails all the affairs of the election. The election is held directly and with secret ballots The election of an MP at the first stage, is subject to attainment of one fourth of the total number of votes and in the run-off, it is based on winning the relative majority (irrespective of the number of votes). Casting of ballots in all polling stations shall take place on a holiday and within at least 10 hours; however, should the need arise, on the order of Minister of the Interior the time can be extended for two more hours. The law enforcement officers are charged with the establishment of law and order within the clauses of the law and they should prevent any sort of disorder during the time of polling. They must also safeguard all the ballot boxes, but are not supposed to interfere in the execution and supervision of the election process. The following votes shall be considered null and void with the verification of the Supervisory Board at the election district: 1. Illegible ballots 2. Ballots acquired through transactions 3. Ballots containing names other than the approved candidates 4. Blank ballots cast in ballot boxes 5. Ballots cast in boxes lacking election seals 6. Extra ballots in excess of the miscellaneous ones 7. Ballots cast by under-aged 8. Ballots cast on the submission of birth certificates of deceased, non-Iranians or other persons, or forged birth certificates 9. Ballots acquired through fraudulence 10. Ballots acquired by the same individual on repeated accounts 11. Ballots lacking election seal 12. Ballots acquired through intimidation and duress 13. Ballots obtained on non-standard election slips The voters must have the following qualifications: 1. Citizenship of the Islamic Republic of Iran (IRI) 2. Being sixteen years of age (full) 3. Being completely sane Candidates must have the following qualifications at the time of registration: 1. Full belief and commitment to Islam and the sacred system of the Islamic Republic of Iran 2. IRI citizenship 3. Showing practical allegiance to the Constitution and the progressive principle of the absolute rule of the Supreme Jurisprudence (velayate faqih) 4. Having at least the academic degree of Associate Diploma or its equivalent 5. Being free from ill reputation in the election district 6. Physical health to the extent of being blessed with vision, hearing and speech capabilities 7. Minimum age 30 and maximum 75 8. Religious minorities shall be exempt from practicalallegiance to Islam but must be firm in commitment to their own religion The following individuals shall be deprived of candidacy: 1. Those who played an effective role in reinforcement of the principles of the past regime 2. Big land owners who have uncultivated lands registered in their own names 3. Organizational supporters and affiliates of political parties, organizations and groups whose illegitimacy has been declared and established by the concerned authorities 4. Those individuals who have been convicted of subversive activities against the IRI 5. Those convicted of apostasy in competent courts of law 6. Those reputed to be corrupt and those who have displayed indecent acts 7. Insane individuals and those for whom Article 49 of the Constitution is applicable (Article 49: The government shall be required to take wealth derived from usury, usurpation, bribery, embezzlement, theft, gambling, misuse of pious endowments, misuse of government contracts and transactions, sale of original Mawat (ownerless barren lands) and Mubahat (ownerless properties) centers of corruption and other illegitimate acts, and to return it to its rightful owner; in case the owner is not known, to return it to the Treasury. This provision shall be carried out by the government by examining, investigating and substantiating the proof in accordance with the provisions of Sharia (religious law). 8. Those connected with the past regime such as members of the city and town councils and those affiliated to the Freemasonry organizations, the board of directors of the (former shah's) Rastakhiz (Resurrection) and Iran-e Novin (Modern Iran) parties and their active members, the representatives of the former Senate and National Assembly and the agents of Savak (secret intelligence service of the past regime) 9. Convicts of traitorous acts, fraudulence, embezzlement, unlawful confiscation of other people's properties, and those convicted of financial misappropriations Disqualification of the candidates for the Majlis must be based on the law and valid documents and evidences. The candidates can personally or collectively introduce supervising representative(s) at the ballot taking districts. These individuals can report any violations to the Supervisory Boards in writing. Preventing the presence of these individuals at the polls is forbidden and considered an offense The election campaign activities of candidates shall start eight days prior to the ballot taking day and continue up to 24 hours before the same day Candidates shall be barred from launching any election campaign activities on the IRIB (Radio/TV) or through Friday Prayers sermons or any other official or government channels The press and publications belonging to government organizations shall not be allowed to engage in publicity acts for the candidates even through insertion of advertisements The press and publications shall not be allowed to print advertisements or write against election candidates, otherwise candidates are entitled to issue their own reply within 18 hours after the date of the publication and the reply has to be published immediately. If the newspaper fails to be published, the reply must be printed in a similar publication at the expense of the former The candidates and their supporters shall be strictly forbidden to make negative publicity against other candidates. They can only put forward their own merits. Any sort of libel and slander against other candidates is strictly forbidden. Those in violation shall be prosecuted. Anybody committing the following violations shall be sentenced to punishments specified in the law: 1. Transaction of votes 2. Winning votes through submission of other people's birth certificates 3. Intimidation or bribing of the concerned individuals during the election process 4. Casting ballots with the submission of false or other people's birth certificates 5. Casting ballots more than once by the same individual 6. Recommendation of voting for a certain candidate by miscellaneous individuals present at the polling station 7. Disruption in the election process 8. Vote rigging, cheating during the process of ballot counting and in the ballot slips and minutes 9. Displacement and manipulation or destruction of election documents 10. Intimidation of voters or the officials at the polling station Minister of the Interior is charged with the duty to submit the election report, whose authenticity has been verified by the Council of Guardians, to the Majlis at the inaugural session of the Parliament Ratifications of Expediency Council on November 13, 1999 The disqualification of candidates must be communicated to them while the legal terms ascribed to and the reasons for disqualifying the candidates in question have been enumerated for them. The legal documents and evidences must be declared to the disqualified candidate in writing. In all cases, with the exception of the following 3 items, the reasons and evidences of disqualification must be put at the disposal of the disqualified candidate in writing: 1. In cases where the reasons and evidences are directly related to indecent public behavior or defamation, if the candidate is insinuated, the reasons and evidences shall be verbally communicated to him/her in person. If the candidate decides to request the same in writing at the aforementioned session in his/her presence, the reasons and evidences shall be communicated to him/her in writing. 2. If the reasons and evidences insinuate the honor of both the candidate in question and other individual(s), the reasons and evidences shall only be verbally communicated to the candidate in question in his/her presence 3. If national security is involved, the reasons and evidences and the manner in which they are communicated to the candidate in question shall take place according to the decision reached at by a commission in which the Chief of the Joint Staff Command of the Armed Forces and the Minister of Information are members. Those in charge of seeing to the complaints of the disqualified candidates are supposed to look precisely into the complaint and communicate the results to the candidate and the executives of the election.