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The Constitution of the Islamic Republic of Iran

Article 130 [Resignation]

The President shall submit his resignation to the Leader and shall continue performing his duties until his resignation is not accepted.

Article 131 [Interim President]

In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the Leader, the powers and functions of the President. The Council, consisting of the Speaker of the Islamic Consultative Assembly, head of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the first deputy to the President, or other matters which prevent him to perform his duties or when the President does not have a first deputy, the Leader shall appoint another person in his place.

Article 132 [Restricted Interim Period]

During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the Ministers be interpellated nor can a vote of no confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum can be held.

Section 2 the President and Ministers

Article 133 [Appointment of Ministers]

Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of Ministers and the jurisdiction of each will be determined by law.

Article 134 [Council of Ministers]

(1) The President is the head of the Council of Ministers. He supervises the work of the Ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the Ministers, he determines the program and policies of the government and implements the laws.

(2) In the case of discrepancies or interferences in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws.

(3) The President is responsible to the Assembly for the actions of the Council of Ministers.

Article 135 [Dismissal, Caretaker]

(1) The Ministers shall continue in office unless they are dismissed, or given a vote of no confidence by the Assembly as a result of their interpellation, or a motion for a vote of no confidence against them.

(2) The resignation of the Council of Ministers or that of each of them shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new
government is appointed.

(3) The President can appoint a caretaker for maximum period of three months for the ministries having no Minister.

Article 136 [Vote of Confidence]

The President can dismiss the Ministers and in such a case he must obtain a vote of confidence for the new Minister(s) from the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.

Article 137 [Responsibility]

Each of the Ministers is responsible for his duties to the President and the Assembly, but in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.

Article 138 [Implementation of Laws, Ministerial Commissions]

(1) In addition to instances in which the Council of Ministers or a single Minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the Ministers also has the right to frame regulations and issue orders in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the control of all such regulations must not violate the letter or the spirit of the law.

(2) The government can entrust any portion of its task to commissions composed of some Ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President.

(3) The ratifications and the regulations of the Government and the decisions of the commissions mentioned under this article shall also be brought to the notice of the Speaker of the Islamic Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.

Article 139 [Property Claims]

The settlement of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.

Article 140 [No Immunity]

Allegations of common crimes against the President, his deputies, and the Ministers will be investigated in common courts of justice with the knowledge of the Islamic Consultative Assembly.

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