Article 133
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
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 programme and policies of the government
and implements the laws. 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. The President is responsible to the Assembly for the actions of the
Council of Ministers.
Article 135
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 interpolation, or a motion for a vote of no- confidence
against them. 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.
The President can appoint a caretaker for a maximum period of three months
for the ministries having no minister.
Article 136
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
Each of the ministers is responsible for his duties
to the President and the Assembly, but in meters approved by the Council
of Ministers as a whole, he is also responsible for the actions of the
others.
Article 138
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 circular in matters within his jurisdiction and in conformity with
the decisions of the Council of Ministers. However, the content of all
such regulations must not violate the letter or the spirit of the law.
The government can entrust any portion of its task to the commissions composed
of some ministers. The decisions of such commissions within the rules will
be binding after the endorsement of the President. The ratification 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
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
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.
Article 141
The President, the deputies to the President,
ministers, and government employees cannot hold more than one government
position, and it is forbidden for them to hold any kind of additional post
in institutions of which all or a part of the capital belongs to the
government or public institutions, to be a member
of the Islamic Consultative Assembly, to
practice the profession of attorney or legal adviser, or to hold the post
of president, managing director, or
membership of the board of directors of any kind of private
company,
with the exception of cooperative companies affiliated to the government
departments and institutions. Teaching positions
in universities and research institutions
are
exempted from this rule.
Article 142
The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.