Article
158 [Functions of the Head of
Judiciary]
The Head
of Judiciary is responsible for
the following: 1. Establishment
of structure necessary for the
justice commensurate with mentioned
under Article 156.
2. Drafting judiciary bills appropriate
for the Islamic Republic.
3. Employment of just and worthy
judges, their dismissal, appointment,
transfer, assignment to particular
duties, promotions, and carrying
out similar administrative duties,
in accordance with the law.
Article
159 [Courts]
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.
Article
160 [Minister of Justice]
(1)
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.
(2) 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
executives.
Article
161 [Supreme Court]
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.
Article
162 [Chief of the Supreme Court,
Prosecutor-General]
The Chief
of the Supreme Court and the Prosecutor-General
must both be just honorable men
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.
Article
163 [Qualifications]
The conditions
and qualifications to be fulfilled
by a judge will be determined
by law, in accordance with religious
criteria.
Article
164 [Independence]
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.