Article 113
After the office of Leadership, the President
is the highest official in the country. His is the responsibility for implementing
the Constitution and acting as the head of the executive, except in matters
directly concerned with (the office of) the Leadership.
Article 114
The President is elected for a four-year term
by the direct vote of the people. His re-election for a successive term
is permissible only once.
Article 115
The President must be elected from among religious
and political personalities possessing the following qualifications: Iranian
origin; Iranian nationality; administrative capacity and resourcefulness;
a good past-record; trustworthiness and piety; convinced belief in the
fundamental principles of the Islamic Republic of Iran and the official
madhhab of the country.
Article 116
Candidates nominated for the post of President
must declare their candidature officially. Law lays down the manner
in which the President is to be elected.
Article 117
The President is elected by an absolute majority
of votes polled by the voters. But if none of the candidates is able to
win such a majority In the first round, voting will take place a second
time on Friday of the following week. In the second round only the two
candidates who received greatest number of votes in the first round will
participate. If, however, some of the candidates securing greatest votes
in the first round withdraw from the elections, the final choice will be
between the two candidates who won greater number of votes than all the
remaining candidates.
Article 118
Responsibility for the supervision of the election,
of the President lies with the Guardian Council, as stipulated in
Article 99. But before the establishment of the first Guardian Council,
however, it lies with a supervisory body to be constituted by law.
Article 119
The election of a new President must take place
no later than one month before the end of the term of the outgoing President.
In the interim period before the election of the new President and the
end of the term of the outgoing President, the outgoing President will
perform the duties of the, President.
Article 120
In case any of the candidates whose suitability
is established in terms of the qualifications listed above should die within
ten days before polling day, the elections will be postponed for two weeks.
If one of the candidates securing greatest number of votes dies in the
intervening period between the first and second rounds of voting, the period
for holding (the second round of) the election will be extended for two
weeks.
Article 121
The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
The President, within the limits of his powers
and duties, which he has by virtue of this Constitution or other laws,
is responsible to the people, the Leader and the Islamic Consultative Assembly.
Article 123
The President is obliged to sign legislation approved
by the Assembly or the result of a referendum, after the (related) legal
procedures have been completed and it has been communicated to him. After
signing, he must forward it to the responsible authorities for implementation.
Article 124
The President may have deputies for the performance
of his constitutional duties. With the approval of the President, the first
deputy of the President shall be vested with the responsibilities of administering
the affairs of the Council of Ministers and coordination of functions of
other deputies.
Article 125
The President or his legal representative has
the authority to sign treaties, protocols, contracts, and agreements concluded
by the Iranian government with other governments, as well as agreements
pertaining to international organizations, after obtaining the approval
of the Islamic Consultative Assembly.
Article 126
The President is responsible for national planning
and budget and state employment affairs and may entrust the administration
of these to others.
Article 127
In special circumstances, subject to approval
of the Council of Ministers the President may appoint one or more special
representatives with specific powers. In such cases, the decisions of his
representative(s) will be considered as tee same as those of the President
and the Council of Ministers.
Article 128
The ambassadors shall be appointed upon the recommendation
of the foreign minister and approval of the President. The President signs
the credentials of ambassadors and receives the credentials presented by
the ambassadors ,of the foreign countries.
Article 129
The award of state decorations is a prerogative
of the President.
Article 130
The President shall submit his resignation to
the Leader and shall continue performing his duties until his resignation
is not accepted.
Article 131
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
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 interpolated 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 be held.