Article
86 [Independence, Indemnity]
Members of
the Assembly are completely free
in expressing their views and casting
their votes in the course of performing
their duties as representatives,
and they cannot be prosecuted or
arrested for opinions expressed
in the Assembly or votes cast in
the course of performing their duties
as representatives.
Article
87 [Vote of Confidence]
The President
must obtain, for the Council of
Ministers, after being formed
and before all other business,
a vote of confidence from the
Assembly. During his incumbency,
he can also seek a vote of confidence
for the Council of Ministers from
the Assembly on important and
controversial issues.
Article
88 [Questioning Government]
Whenever
at least one-fourth of the total
members of the Islamic Consultative
Assembly pose a question to the
President, or any one member of
the Assembly poses a question
to a Minister on a subject relating
to their duties, the President
or the Minister is obliged to
attend the Assembly and answer
the question. This answer must
not be delayed more than one month
in the case of the President and
ten days in the case of the Minister,
except with an excuse deemed reasonable
by the Islamic Consultative Assembly.
Article
89 [Interpellation]
(1)
Members of the Islamic Consultative
Assembly can interpellate the
Council of Ministers or an individual
Minister in instances they deem
necessary. Interpellations can
be tabled if they bear the signatures
of at least ten members.
The Council of Ministers or interpellated
Minister must be present in the
Assembly within ten days after
the tabling of the interpellation
in order to answer it and seek
a vote of confidence. If the Council
of Ministers or the Minister concerned
fails to attend the Assembly,
the members who tabled the interpellation
will explain their reasons, and
the Assembly will declare a vote
of no confidence if it deems it
necessary.
If the Assembly does not pronounce
a vote of confidence, the Council
of Ministers or the Minister subject
to interpellation is dismissed.
In both cases, the Ministers subject
to interpellation cannot become
members of the next Council of
Ministers formed immediately afterwards.
(2) In the event at least one-third
of the members of the Islamic
Consultative Assembly interpellate
the President concerning his executive
responsibilities in relation with
the Executive Power and the executive
affairs of the country the President
must be present in the Assembly
within one month after the tabling
of the interpellation in order
to give adequate explanations
in regard to the matters raised.
In the event, after hearing the
statements of the opposing and
favoring members and the reply
of the President, two-thirds of
the members of the Assembly declare
a vote of no confidence, the same
will be communicated to the Leadership
for information and implementation
of Article 110 (10).
Article
90 [Complaints, Petitions]
Whoever
has a complaint concerning the
work of the Assembly or the executive
power or the judicial power can
forward his complaint in writing
to the Assembly. The Assembly
must investigate his complaint
and give a satisfactory reply.
In cases where the complaint relates
to the executive or the judiciary,
the Assembly must demand proper
investigation in the matter and
an adequate explanation from them,
and announce the results within
a reasonable time. In cases where
the subject of the complaint is
of public interest, the reply
must be made
public.
Article
91 [Guardian Council]
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 religious men, 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.
|