• General information
• Electoral system
• Last elections
• Election archive
• Presidency
• Oversight
• Specialized bodies
• Full text

Compare data for parliamentary chambers in the Oversight module

Parliament name (generic / translated) Majles Shoraye Eslami / Islamic Parliament of Iran Structure of parliament Unicameral POLITICAL SYSTEM Type of political regime semi-presidential Notes The highest authority in the Islamic Republic is the Leader, or alternatively the Leadership Council, who exercises the combined supreme political and religious power and is a manifestation of the integration of politics with religion (Article 5 of the Constitution). The Constitution codifies Islamic principles of government. Head of the executive President of the Republic Notes After the office of leadership, the President of the Republic is the highest official in the country. His responsibility is to implement the Constitution and to act as the Head of the executive, except in matters directly concerned with the leadership (Article 113 of the Constitution). The President is the Head of the Council of Ministers. He supervises the work of ministers and takes all necessary measures to coordinate government decisions. With the cooperation of the ministers, he determines the programme and policies of the government and implements the laws. Method for appointing the executive The President is directly elected by the people (Article 114 of the Constitution). Ministers are appointed by the President and are presented to the Assembly for a vote of confidence (Article 133 of the Constitution). Term of office of the executive and coincidence with the term of the legislature The President is elected for a four-year term (Article 114 of the Constitution). Re-election for a successive term is permissible only once. His term does not coincide with the term for the legislature, which is four years. Incompatibility of the functions of member of the executive and member of Parliament Yes The deputies to the President, ministers and other government officials cannot hold more than one government position, and it is forbidden for them to be a member of the parliament simultaneously. If a parliamentarian is designated as minister, he or she has to withdraw from his positions as a member of the parliament immediately after gaining the confidence of the parliament. Dissolution of Parliament No Circumstances The parliament cannot be dissolved. Modalities Not applicable ACCOUNTABILITY Accountability of Government to Parliament Yes The President, within the limits of his powers and duties, is responsible to the people, the Leader and the Islamic Consultative Assembly (Article 122 of the Constitution). He is also responsible to the Assembly for the actions of the Council of Ministers. In addition, 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 137 of the Constitution). Modalities of oversight Oral and written questions of parliamentarians Whenever at least one fourth of all parliamentarians pose a question to the President, or any one member of the Assembly poses a question to a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question (Article 88 of the Constitution). This answer must not be delayed more than one month in the case of the President and ten days in the case of a minister, except with an excuse deemed reasonable by the Assembly. Government reports to Parliament The government's accountability to the Assembly is brought into play by government annual reports and votes thereon. Each minister has to submit his or her ministry's annual activity report to the specialised committee of the Assembly. Measures Vote of confidence on Government programs and/or legislative proposals The President must obtain, for the Council of Ministers on being formed and before all other business, a vote of confidence from the Assembly (Article 87 of the Constitution). During his incumbency, he can also seek a vote of confidence for the Council on important and controversial issues. The President can dismiss ministers and in such cases he or she must obtain a vote of confidence for the new minister(s) from the Assembly (Article 136 of the Constitution). In a case where half of the members of the Council of Ministers are changed after the government has received its vote of confidence, the government must seek a fresh vote. Note that all legislation must be sent to the Guardian Council. The council must review it within a maximum of 10 days from its receipt with a view to ensuring its compatibility with Islam and the Constitution (Article 94 of the Constitution). If it finds the legislation incompatible, it will return it to the Assembly for review. Motions of censure and votes of no confidence (sub-report) Circumstances The President or other ministers are removed from office if they are given a vote of no confidence by the Assembly as a result of their interpellation (Article 135 of the Constitution). Modalites A motion of censure against the President is tabled whenever at least one third of all parliamentarians so request with clear reasons. A motion of censure against ministers is tabled at the request of 10 members of the Assembly if demanded with clear reasons. Consequences The resignation of the Council of Ministers, as a whole or individually, is submitted to the President, and the Council of Ministers continues 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 any ministry having no minister. Between 1990 and 2000, five motions of censure were tabled, but only one was adopted. Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned Allegations of common crimes against the President, his deputies, and ministers will be investigated in common courts of justice with the knowledge of the Assembly (Article 140 of the Constitution). Modalites and procedure Not applicable Consequences Not applicable Have these procedures been applied? Not applicable OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration Yes The government is responsible and accountable for its actions to the Assembly. Means and modalities of oversight Hearings in Committees Parliament exercises oversight over the actions of the government administration by holding hearings in committees. Committees of inquiry and missions to Government departments The Assembly has the right to investigate and examine all affairs of the country (Article 76 of the Constitution). Oral and written questions of parliamentarians Whenever at least one fourth of the total members of the Assembly pose an oral or written question to the President, or any one member of the Assembly poses a question to a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question (Article 88 of the Constitution). This answer must not be delayed more than one month in the case of the President and 10 days in the case of a minister, except with an excuse deemed reasonable by the Assembly. Questions can give rise to a debate if normal rules of the country or the Constitution have been violated. Role of Parliament in the appointment of senior Government officials Not applicable Activity reports of the Government administration and of public services or establishments Each minister has to submit his or her ministry's annual activity report to the relevant specialised committee of the Assembly. Representation of Parliament in governing bodies of the Government administration Not applicable Existence of an ombudsman No Method for appointing the executive Not applicable Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others (Article 126 of the Constitution). Modalities of oversight Examination of the budget / finance act by Parliament The Assembly adopts the bills prepared by the government after they have been studied in specialised committees. Members' bills and proposals and amendments to government bills that entail the reduction of public income or the increase of public expenditure, may be put before the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified (Article 75 of the Constitution). Reports on the budget / finance act by Committees Not available Fields overseen Defence budget The Assembly exercises oversight over the national defence budget through the national security and foreign affairs committee. Budget of special departments The Assembly exercises oversight over funds allocated to special departments through relevant specialised committees. Role of Parliament in national development plans All of the national development plans must be ratified and their implementation has to be overseen by the Assembly. Parliament's deadline for the examination and adoption of the budget / finance act The Assembly must adopt the finance bill prior to the new fiscal year. Consequences of failure by Parliament to adopt the budget / finance act In the event of a budgetary deadlock, the finance act is referred to the state expediency council and is adopted. Budgetary autonomy of Parliament Yes The share of the budget for the Assembly is considered in the annual state budget. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually No Not applicable Parliamentary oversight of public companies No Limited oversight over public companies is exercised through public bodies, as well as investigations and questions. Modalities of oversight Body for auditing the Government's books and method for appointing The body responsible for auditing the government's books is the state inspectorate organisation. Reports of the public auditor's office The state inspectorate organisation prepares a report that is presented to the specialised committees. Specialised committee Not applicable OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee The Assembly exercises oversight over foreign policy through the national security and foreign affairs committee. Powers of the Committee Not available Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad Not applicable Plenary debates on foreign policy issues Not applicable Involvement of Parliament Participation of Parliament in inter-governmental meetings Parliamentarians may participate in intergovernmental meetings at the request of the government. Modalities and procedures for ratifying international treaties and agreements (sub-report) All international treaties, protocols, contracts, and agreements must be approved by the Assembly (Article 77 of the Constitution). The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded with other States, as well as agreements pertaining to international organisations, after obtaining the approval of the Assembly. Other mechanisms for participation in foreign policy by Parliament In addition to the above, parliamentarians can participate in the conduct of foreign policy through attending and sharing views in specialised committees. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee Not applicable Powers of the Committee Not applicable Composition of the Committee Not applicable Parliamentary oversight of public arms manufacturing companies Not applicable Circumstances and involvement Modalities and procedures in case of war, an armed attack or a state of emergency The proclamation of martial law is forbidden (Article 79 of the Constitution). In case of war or an emergency or conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Assembly. Temporary restrictions can not last for more than 30 days, but if the need for them persists beyond this limit, the government must obtain new authorisation for them from the Assembly. Role of Parliament in sending troops abroad Not applicable Other mechanisms for participation in national defence policy by Parliament There are no other parliamentary oversight mechanisms in addition to the above STATE OF EMERGENCY Circumstances In case of war or emergency, or conditions akin to war, Government has the right to impose temporarily certain necessary restrictions, with the agreement of the Assembly. Temporary restrictions can not last for more than 30 days, but if the need for them persists beyond this limit, the government must obtain new authorisation for them from the Assembly. Can parliament take the initiative to declare a state of emergency No Consequences of a state of emergency for Parliament The Assembly makes necessary laws in this field and exercises the relevant oversight. The existence and functioning of the Assembly may be affected, depending on the kind of state of emergency. However, in time of war or during the military occupation of the country, elections due to be held in occupied areas or countrywide may be delayed for a specified period if proposed by the President, and approved by three quarters of the total members of the Assembly, with the endorsement of the Guardian Council. If a new Assembly is not formed, the previous one will continue to function. VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight Body ruling on the constitutionality of laws Council of Guardians The authority for the interpretation of the Constitution is vested with the Guardian Council (Article 98 of the Constitution). The Council is composed of six experts in Islamic law (faqih), as well as six other high legal experts. Means and procedures The interpretation of the Constitution is done with the consent of three quarters of the members of the Guardian Council. Evaluation of laws Yes This task is fulfilled by the directorate of laws in the Assembly. Measures

Copyright 1996-2013 Inter-Parliamentary Union

• Also on PARLINE
• Search
• Modules
• At a glance
• Recent elections
• New in PARLINE
• Toolbox
• Photo gallery
• About
• Newsfeeds