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The Constitution of the Islamic Republic of Iran

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people according to local needs, the administration of each village, division, city, municipality, and province will be superseded by a council to be named the Village, Division, City, Municipality, or Provincial Council.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 fulfill.

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

Article 107 [Religious Leader]

(1) After the demise of Imam Khomeini, the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the religious men possessing the qualifications specified in Articles 5 and 109 . In the event they find one of them better versed in Islamic regulations or in political and social issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109 , they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the religious leader and all the responsibilities arising there from.

(2) The Leader is equal with the rest of the people of the country in the eyes of law.

Article 108 [Experts]

The law setting out the number and qualifications of the experts, the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the religious men on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Revolution. The power to make any subsequent change or a review of this law or approval of all the provisions concerning the duties of the experts is vested in themselves.

Article 109 [Leadership Qualifications]

(1) Following are the essential qualifications and conditions for the Leader:

a. Scholarship, as required for performing the functions of religious leader in different fields.

b. Justice and piety, as required for the leadership of the Islamic Ummah.

c. Right political and social perspicacity, prudence, courage, administrative facilities, and adequate capability for leadership.

(2) In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.

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