Article
93 [Mandatory Formation]
The Islamic
Consultative Assembly does not
hold any legal status if there
is no Guardian Council in existence,
except for the purpose of approving
the credentials of its members
and the election of the six jurists
on the Guardian Council.
Article
94 [Review of Legislation]
All legislation
passed by the Islamic Consultative
Assembly must be sent to the Guardian
Council. The Guardian Council
must review it within a maximum
of ten days from its receipt with
a view to ensuring its compatibility
with the criteria of Islam and
the Constitution. If it finds
the legislation incompatible,
it will return it to the Assembly
for review. Otherwise the legislation
will be deemed enforceable.
Article
95 [Extended Review]
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 [Majority]
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 religious men 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 [Attendance in Parliament]
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 [Authoritative Interpretation]
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 [Supervision of Elections]
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.
Chapter
VII Councils
Article 100 [Regional Councils]
(1)
In order to expedite social, economic,
development, public health, cultural,
and educational programs and facilitate
other affairs relating to public
welfare with the cooperation of
the people according to local
needs, the administration of each
village, division, city, municipality,
and province will be superseded
by a council to be named the Village,
Division, City, Municipality,
or Provincial Council. Members
of each of these councils will
be elected by the people of the
locality in question.
(2) Qualifications for the eligibility
of electors and candidates for
these councils, as well as their
functions and powers, the mode
of election, the council jurisdiction,
and the hierarchy of their authority
will be determined by law in such
a way as to preserve national
unity, territorial integrity,
the system of the Islamic Republic,
and the sovereignty of the central
government.
Article
101 [Supreme Council of the Provinces]
(1)
In order to prevent discrimination
in the preparation of programs
for the development and welfare
of the provinces, to secure the
cooperation of the people, and
to arrange for the supervision
of coordinated implementation
of such programs, a Supreme Council
of the Provinces will be formed,
composed of representatives of
the Provincial Councils.
(2) Law will specify the manner
in which this council is to be
formed and the functions that
it is to fulfil.
Article
102 [Council Bills]
The Supreme
Council of the Provinces has the
right within its jurisdiction,
to draft bills and to submit them
to the Islamic Consultative Assembly,
either directly or through the
government. These bills must be
examined by the Assembly.
Article
103 [Power Over Local Governments]
Provincial
governors, city governors, divisional
governors, and other officials
appointed by the government must
abide by all decisions taken by
the councils within their jurisdiction.
Article
104 [Worker Councils]
(1) In order to ensure Islamic
equity and cooperation in carrying
out the programs and to bring
about the harmonious progress
of all units of production, both
industrial and agricultural, councils
consisting of the representatives
of the workers, peasants, other
employees, and managers, will
be formed in educational and administrative
units, units of service industries,
and other units of a like nature,
similar councils will be formed,
composed of representatives of
the members of those units.
(2) The mode of the formation
of these councils and the scope
of their functions and powers,
are to be specified by law.
Article
105 [Limits]
Decisions
taken by the councils must not
be contrary to the criteria of
Islam and the laws of the country.
Article
106 [Right Against Dissolution]
(1)
The councils may not be dissolved
unless they deviate from their
legal duties. The body responsible
for determining such deviation,
as well as the manner for dissolving
the councils and reforming them,
will be specified by law.
(2) Should a council have any
objection to its dissolution,
it has
the right to appeal to a competent
court, and the court is duty-bound
to examine its complaint outside
the docket sequence.
Chapter VIII The Leader or Leadership
Council