The Persian Revolution of 1905-1909/Appendix A
THE BASES OF THE PERSIAN CONSTITUTION,
1. The Farmán of August 5, 1906.
2. The Electoral Law of September 9, 1906.
3. The Fundamental Laws of December 30, 1906.
4. The Supplementary Fundamental Laws of October 7, 1907.
5. The New Electoral Law of July 1, 1909.
1. THE FARMÁN (ROYAL PROCLAMATION) OF AUGUST 5, 1906.
Farmán of the late Sháh, Muẓaffaru’d-Din Sháh the Great (may God make luminous his Proof!), dated 14 Jumáda ii, A.H. 1324 (=August 5, A.D. 1906).
To the Right Honourable His Excellency the Prime Minister.
WHEREAS God Most High (glorious is His State!) hath entrusted to Our hands the direction of the progress and prosperity of the well-protected realms of Persia, and hath constituted Our Royal Personage the Guardian of the Rights of all the people of Persia and of all our loyal subjects—
THEREFORE on this occasion, our Royal and Imperial judgement has decided, for the peace and tranquillity of all the people of Persia, and for the strengthening and consolidation of the foundations of the State, that such reforms as are this day required in the different departments of the State and of the Empire shall be effected; and we do enact that an Assembly of delegates elected by the Princes, the Doctors of Divinity (‘ulamá), the Qájár family, the nobles and notables, the landowners, the merchants and the guilds shall be formed and constituted, by election of the classes above mentioned, in the capital Ṭihrán; which Assembly shall carry out the requisite deliberations and investigations on all necessary subjects connected with important affairs of the State and Empire and the public interests; and shall render the necessary help and assistance to our Cabinet of Ministers in such reforms as are designed to promote the happiness and well-being of Persia; and shall, with complete confidence and security, through the instrumentality of the first Lord of the State, submit [their proposals to Us], so that these, having been duly ratified by Us, may be carried into effect. It is evident that, in accordance with this August Rescript, you will arrange and prepare a code of regulations and provisions governing this Assembly, and likewise the ways and means necessary to its formation, so that, by the help of God Most High this Assembly may be inaugurated and may take in hand the necessary reforms.
We likewise enact that you should publish and proclaim the text of this August Rescript, so that all the people of Persia, being duly informed of our good intentions, all of which regard the progress of the Government and People of Persia, may, with tranquil minds, engage in prayer for Us.
Given [under Our hand] in the Ṣáḥib-Qirániyya Palace on the fourteenth of Jumádá the Second in the eleventh year of Our Reign (= August 5, 1906).
2. THE ELECTORAL LAW OF SEPTEMBER 9, 1906.
Regulations for the Elections to the National Assembly, dated Monday, Rajab 20, A.H. 1324 (= Sept. 9, A.D. 1906).
The Regulations for the Elections to the National Consultative Assembly [to be convened] in accordance with the August Rescript of His Imperial Majesty [Muẓaffaru’d-Din Sháh], may God immortalize his reign, issued on the 14th of Jumáda ii, A.H. 1324 (=August 5, A.D. 1906) are as follows.
Rules governing the Elections.
Art. 1. The electors of the nation in the well-protected realms of Persia in the Provinces and Departments shall be of the following classes: (i) Princes and the Qájár tribe: (ii) Doctors of Divinity and Students: (iii) Nobles and Notables: (iv) Merchants: (v) Landed proprietors and peasants: (vi) Trade-guilds.
Note 1. The tribes in each province are reckoned as forming part of the inhabitants of that province, and have the right to elect, subject to the established conditions.
Note 2. By “landed proprietor” is meant the owner of an estate, and by “peasant” the tiller of the soil.
Art. 2. The electors shall possess the following qualifications: (i) their age must not fall short of 25 years: (ii) they must be Persian subjects: (iii) they must be known in the locality: (iv) the landed proprietors and peasants amongst them must possess property of the value of at least one thousand túmáns (=about £200): (v) the merchants amongst them must have a definite office and business: (vi) the members of trade-guilds amongst them must belong to a recognized guild, must be engaged in a definite craft or trade, and must be in possession of a shop of which the rent corresponds with the average rents of the locality.
Art. 3. The persons who are entirely deprived of electoral rights are as follows: (i) women: (ii) persons not within years of discretion, and those who stand in need of a legal guardian: (iii) foreigners: (iv) persons whose age falls short of twenty-five years: (v) persons notorious for mischievous opinions: (vi) bankrupts who have failed to prove that they were not fraudulent: (vii) murderers, thieves, criminals, and persons who have undergone punishment according to the Islamic Law, as well as persons suspected of murder or theft, and the like, who have not legally exculpated themselves: (viii) persons actually serving in the land or sea forces,
The persons who are conditionally deprived of electoral rights are as follows: (i) governors, and assistant governors, within the area of their governments: (ii) those employed in the military or police within the area of their appointments.
Art. 4. Those elected must possess the following qualifications: (i) they must speak Persian: (ii) they must be able to read and write Persian: (iii) they must be Persian subjects of Persian extraction: (iv) they must be locally known: (v) they must not be in government employment: (vi) their age must be not less than thirty or more than seventy: (vii) they must have some insight into affairs of State.
Art. 5. Those persons who are debarred from being elected are: (i) women: (ii) foreign subjects: (iii) those who are actually serving in the land or sea forces: (iv) fraudulent bankrupts: (v) persons who have been guilty of murder or theft; criminals; persons who have undergone punishment conformably with the Islamic Law; and persons suspected of murder, theft and the like, who have not legally exculpated themselves: (vi) those whose age falls short of thirty: (vii) those who are notorious for evil doctrine, or who live in open sin.
Art. 6. The number of persons elected by the people in the different parts of Persia shall correspond with the total number of the inhabitants of that locality. In each province (ayálat) six or twelve persons shall be elected in accordance with the following table, save in the case of Ṭihrán, when the number of those elected shall be as follows: (i) Princes and members of the Qajar family, 4: (ii) doctors of Divinity and students, 4: (iii) merchants, 10: (iv) land-owners and peasants, 10: (v) trade-guilds, 32 in all, one from each guild.
In other provinces and departments the numbers shall be as follows: (i) Ázarbáyján, 12: (ii) Khurásán, Sistán, Turbat, Turshíz, Qúchán, Bujnúrd, Sháhrúd and Bisṭám, 12: (iii) Gílán and Ṭálish, 6: (iv) Mázandarán, Tunkábun, Astarábád, Firúzkúh and Damáwand, 6: (v) Khamsa, Qazwin, Simnán and Dámghán, 6: (vi) Kirmán and Balúchistán, 6: (vii) Fárs and the Persian Gulf Ports, 12: (viii) ‘Arabistán, Luristán and Burújird, 6: (ix) Kirmánsháhán and Garrús, 6: (x) Kurdistán and Hamadán, 6: (xi) Iṣfahán, Yazd, Káshán, Qum and Sáwa, 12: (xii) ‘Iráq, Malá’ir, Túy Sirkán, Niháwand, Kamra, Gulpáyagán and Khwánsár, 6.
Art. 7. Each elector has one vote and can only vote in one class.
Art. 8. The number of those elected to the National Consultative Assembly throughout the whole well-protected realms of Persia shall not exceed two hundred. In the individual towns of each province each class shall assemble separately, elect one representative, and send him to the chief town of that province. The delegates so elected must reside in the town for which they are elected, or in the environs of that town. Three delegates thus elected in the individual towns of the provinces shall assemble in the chief town of the province, and shall elect members for the National Consultative Assembly according to the number specified in the above table for each province, so that they may present themselves to the National Consultative Assembly, and, during the period of their appointment, may discharge their duty and function, which is to guard the rights of the Government and the Nation.
The electors are not absolutely compelled to elect [a deputy] out of their own class or guild.
Art. 9. In every place where elections are carried out, a Council (anjuman) shall be formed of well-known local representatives of the six Classes of electors to supervise the elections. This Council shall be under the temporary supervision of the Governor or Deputy-Governor of that place. In this way two Councils shall be formed, one local and one provincial, the former in each of the individual towns in the province, the latter in the chief town of the province.
Art. 10. Complaints in connection with the elections shall not interfere with the carrying out of the elections; that is to say, the Councils mentioned above in Art. 9 shall investigate such complaints without suspending the elections.
Art. 11. Should anyone complain of the local Council, he shall refer his complaint to the provincial Council, and if his application be without effect, it shall be referred to the National Consultative Assembly.
Art. 12. If any Member of the National Consultative Assembly should resign or die, and if more than six months intervene before the next [general] elections, the Members of the Assembly shall elect [in his place] one from his province.
Art. 13. The local and provincial Councils shall send the names of the electors and the elected of each department to the Record Office (daftar-khána) of the National Consultative Assembly, where their names shall be arranged in alphabetical order, and shall be printed and published for the information of the public. So likewise, after the conclusion of the elections, the local Council shall, within the space of one week, communicate the result of the election to the provincial Council.
Art. 14. Those elected in the individual towns of the province must be provided with a certificate from the local Council; and in like manner those elected in the chief towns of the provinces must be provided with a certificate from the provincial Council, which they must produce in the National Consultative Assembly.
Art. 15. The election of the persons designated shall be by a majority of votes.
Art. 16. After the election of the Members of the National Consultative Assembly, the names of those elected shall be recorded in the Registry of the Assembly, and shall be announced in the newspapers.
Art. 17. The National Assembly of Electors shall be established in all towns where there is a resident Governor, which are divided into two categories. The local Governor, having regard to local requirements, is empowered to fix the place of the Court of Electors.
Art. 18. The time and place of the election must be made known to all the people one month beforehand by the local government, by means of printed leaflets and other suitable channels of advertisement.
Art. 19. Those elected to represent the Capital and the various provinces shall proceed to Ṭihrán as quickly as possible. Since those elected in the provinces must be elected in accordance with the Regulations, and since consequently some considerable time will necessarily elapse before they can present themselves, therefore the representatives of Ṭihrán shall be elected, and the Assembly constituted immediately, so that it may proceed to discharge its functions until the provincial representatives shall present themselves, nor shall the delay in the arrival of these latter cause the Assembly to be inactive.
Art. 20. The living expenses and annual allowance of the Members of the National Consultative Assembly depends on the determination and sanction of the Assembly itself.
Art. 21. The period for which the National Representatives are appointed shall be two years, after which period fresh elections shall take place throughout the whole of Persia.
Art. 22. Complaints regarding the Assembly and its Members respecting the carrying out of the Elections, etc., must, in so far as they refer to the Assembly, be submitted in writing to the President of the Assembly, so that the subject of complaint may be investigated in the National Consultative Assembly and judgement thereon delivered.
Art. 23. No Member of the Assembly can be arrested or detained on any pretext without the permission of the Assembly, unless he shall publicly commit some crime or misdemeanour.
All written or spoken statements of Members of the Assembly on the affairs of the Government and the Nation shall be free, except in cases where such writings or statements of any Member shall be contrary to the public good, and, according to the enactments of the Most Luminous Law [of Islám] shall deserve punishment. In such cases, by permission of the Assembly, persons of this description shall be brought before the Court of Cassation.Art. 24. Government officials and employés of government offices who are elected in a representative capacity as members of the Assembly shall quit their previous service, and while employed in this capacity shall have no right to intervene or concern themselves in their former office or in any other [similar] service, otherwise their representative function and membership shall be null and void.
The conduct of the Election and registration of votes, and the conditions thereof.
Art. 25. The election of Members of the National Consultative Assembly in the Capital, and in the towns of large, moderate or small size, will take place in the presence of the Governor, or Deputy-Governor, under the supervision of the Council (anjuman) mentioned in Art. 9.
Art. 26. Election shall be by votes, and by absolute or relative majority. In case of an equality of votes, the determination of the elected [candidate] shall be effected by a [second] voting.
Art. 27. The Polling day for the Election of Members to the Assembly and the recording of votes shall, in whatever year it takes place, be on a Friday, with due observance of the following arrangements.
First, the voting shall take place in the presence of the Governor, * the local Council and the electors who are present.
Secondly, for the organization of the electoral court the Councils (anjumans) mentioned in Art. 9 shall be responsible.
Thirdly, the voting-paper shall be of white paper having no sign.
Fourthly, each of the voters shall inscribe his vote on this voting-paper outside [i.e. before he enters] the Court of Electors, and shall give it, closed up, to one of the members of the above-mentioned Council who shall be designated [for that purpose], who, in the presence of all, shall throw it into the ballet-box.
Fifthly, one of the Members of the Council (anjuman) mentioned in Art. 9 shall compare the names of those voting with a list furnished to him.
Art. 28. Before the votes are taken, one of the Members of the Council shall lock the ballet-box, which shall be sealed by two others, while another Member of the Council shall take charge of the key.
Art. 29. After the voting has been concluded, the lid of the box shall be opened, the voting-papers shall be counted in the presence of all, and the majority and minority shall be verified by the list [of persons entitled to vote], while several of those present shall, under the supervision of the Council, and in the presence of all, set themselves to work out the result of the voting.
Art. 30. Voting-papers on which nothing is written, or which bear illegible inscriptions, or which fail to specify clearly the name of the Candidate voted for, or on which the voter has inscribed his own name, shall not be taken into account, but shall be noted in the minutes. Thereafter the result of the election shall be proclaimed in a loud voice, and shall be declared by the president of the Court of Electors.
Art. 31. Should the number of Members elected by the people exceed the number fixed upon, those persons will be regarded as elected who possess seniority of age. Otherwise, should the occasion allow, the votes will be recounted. If, after the votes have been recounted, it appears that the number of voting-papers exceeds the number of electors, the election shall be regarded as null and void, and a fresh election shall be held.
Art. 32. The Members elected for Ṭihrán shall choose from amongst themselves one President, two Vice-presidents, and four Secretaries, and the Assembly shall then be opened under the Honorary Presidency of His Imperial and Most Sacred Majesty (may God immortalize his reign!).
Art. 33. The President, the two Vice-presidents, and the Secretaries of the National Consultative Assembly shall, with the approval of the Members of the Assembly, be changed once a year. In renewing the election of the persons above-mentioned, it is understood that regard shall always be paid to the majority of votes of the Assembly.
Dated the 19th of the month of Rajab, A.H. 1324 (= Sept. 8, A.D. 1906).
“In the Name of God, the Merciful, the Forgiving.
“To the Right Honourable the Ṣadr-i-A‘ẓam (Prime Minister).
“These Regulations are correct.
Rajab 20, A.H. 1324 (= Sept. 9, A.D. 1906).
[Place of the Royal Signature.]
3. THE FUNDAMENTAL LAWS OF DECEMBER 30, 1906.
The Fundamental Law of Persia, promulgated in the reign of the late Muẓaffaru’d-Din Sháh, and ratified by him on Dhu’l-Qa‘da 14, A.H. 1324 (= December 30, 1906).
In the Name of God the Merciful, the Forgiving.
WHEREAS in accordance with the Imperial Farmán dated the fourteenth of Jumáda the Second, A.H. 1324 (= August 5, 1906), a command was issued for the establishment of a National Council, to promote the progress and happiness of our Kingdom and people, strengthen the foundations of our Government, and give effect to the enactments of the Sacred Law of His Holiness the Prophet,
AND WHEREAS, by virtue of the fundamental principle [therein laid down], we have conferred on each individual of the people of our realm, for the amending and superintending of the affairs of the commonwealth, according to their degrees, the right to participate in choosing and appointing the Members of this Assembly by popular election,
THEREFORE the National Consultative Assembly is now opened, in accordance with our Sacred Command; and we do define as follows the principles and articles of the Fundamental Law regulating the aforesaid National Council, which Law comprises the duties and functions of the above-mentioned Assembly, its limitations, and its relations with the various departments of the State.
On the Constitution of the Assembly.
Art. 1. The National Consultative Assembly is founded and established in conformity with the Farmán, founded on justice, dated the fourteenth of the Second Jumádá, A.H. 1324 (=Aug. 5, 1906).
Art. 2. The National Consultative Assembly represents the whole of the people of Persia, who [thus] participate in the economic and political affairs of the country.
Art. 3. The National Consultative Assembly shall consist of the Members elected in Ṭihrán and the provinces, and shall be held in Ṭihrán.
Art. 4. The number of elected Members has been fixed, in accordance with the Electoral Law separately promulgated, at one hundred and sixty-two, but in case of necessity the number abovementioned may be increased to two hundred.
Art. 5. The Members shall be elected for two whole years. This period shall begin on the day when all the representatives from the provinces shall have arrived in Ṭihrán. On the conclusion of this period of two years, fresh representatives shall be elected, but the people shall have the option of re-electing any of their former representatives whom they wish and with whom they are satisfied.
Art. 6. The Members elected to represent Ṭihrán shall, so soon as they meet, have the right to constitute the Assembly, and to begin their discussions and deliberations. During the period preceding the arrival of the provincial delegates, their decisions shall depend for their validity and due execution on the majority [by which they are carried].
Art. 7. On the opening of the debates, at least two thirds of the Members of the Assembly shall be present, and, when the vote is taken, at least three quarters. A majority shall be obtained only when more than half of those present in the Assembly record their votes.
Art. 8. The periods of session and recess of the National Consultative Assembly shall be determined by the Assembly itself, in accordance with such internal regulations as itself shall formulate. After the summer recess, the Assembly must continue open and in session from the fourteenth day of the Balance (Oct. 7), which corresponds with the festival of the opening of the First Assembly.
Art. 9. The National Consultative Assembly can sit on occasions of extraordinary public holidays.
Art. 10. On the opening of the Assembly, an Address shall be presented by it to His Imperial Majesty, and it shall afterwards have the honour of receiving an answer from that Royal and August quarter.
Art. 11. Members of the Assembly, on taking their seats, shall take and subscribe to the following form of oath:
(Form of the Oath.)
“We the undersigned take God to witness, and swear on the Qur’án, that, so long as the rights of the Assembly and its Members are observed and respected, in conformity with these Regulations, we will, so far as possible, discharge, with the utmost truth, uprightness, diligence and endeavour, the duties confided to us; that we will act loyally and truthfully towards our just and honoured Sovereign, commit no treason in respect of either the foundations of the Throne or the Rights of the People, and will consider only the advantage and well-being of Persia.”
Art. 12. No one, on any pretext or excuse, shall have any right, without the knowledge and approval of the National Consultative Assembly, to molest its Members. Even in case of the Members committing some crime or misdemeanour, and being arrested flagrante delicto, any punishment inflicted upon him must be with the cognizance of the Assembly.
Art. 13. The deliberations of the National Consultative Assembly, in order that effect may be given to their results, must be public. According to the Internal Regulations of the Assembly, journalists and spectators have the right to be present and listen, but not to speak. Newspapers may print and publish all the debates of the Assembly, provided they do not change or pervert their meaning, so that the public may be informed of the subjects of discussion and the detail of what takes place. Everyone, subject to his paying due regard to the public good, may discuss them in the public Press, so that no matter may be veiled or hidden from any person. Therefore all newspapers, provided that their contents be not injurious to any one of the fundamental principles of the Government or the Nation, are authorized and allowed to print and publish all matters advantageous to the public interest, such as the debates of the Assembly, and the opinions of the people on these debates. But if anyone, actuated by interested motives, shall print in the newspapers or in other publications anything contrary to what has been mentioned, or inspired by slander or calumny, he will render himself liable to cross-examination, judgement and punishment, according to law.
Art. 14. The National Consultative Assembly shall organize and arrange, in accordance with separate and distinct Regulations called “the Internal Code of Rules,” its own affairs, such as the election of a President, Vice-presidents, Secretaries, and other officers, the arrangements of the debates and divisions, etc.
On the Duties of the Assembly and its Limitations and Rights.
Art. 15. The National Consultative Assembly has the right in all questions to propose any measure which it regards as conducive to the well-being of the Government and the People, after due discussion and deliberation thereof in all sincerity and truth; and, having due regard to the majority of votes, to submit such measure, in complete confidence and security, after it has received the approval of the Senate, by means of the First Minister of the State, so that it may receive the Royal Approval and be duly carried out.
Art. 16. All laws necessary to strengthen the foundations of the State and Throne and to set in order the affairs of the Realm and the establishment of the Ministries, must be submitted for approval to the National Consultative Assembly.
Art. 17. The National Consultative Assembly shall, when occasion arises, bring forward such measures as shall be necessary for the creation, modification, completion or abrogation of any Law, and, subject to the approval of the Senate, shall submit it for the Royal Sanction, so that due effect may thereafter be given to it.
Art. 18. The regulation of all financial matters, the construction and regulation of the Budget, all changes in fiscal arrangements, the acceptance or rejection of all incidental and subordinate expenditure, as also the new Inspectorships [of Finance] which will be founded by the Government, shall be subject to the approval of the Assembly.
Art. 19. The Assembly has the right, after the Senate has given its approval, to demand from the Ministers of State that effect shall be given to the measures thus approved for the reform of the finances and the facilitation of co-operation between the different departments of the Government by division of the departments and provinces of Persia and their governments.
ArT. 20. The Budget of each Ministry shall be concluded during the latter half of each year for the following year, and shall be ready fifteen days before the Festival of the Nawrúz.
Art. 21. Should it at any time be necessary to introduce, modify or abrogate any Fundamental Law regulating the [functions of the] Ministries, such change shall be made only with the approval of the Assembly, irrespective of whether the necessity for such action has been declared by the Assembly or enunciated by the responsible Ministers.
Art. 22. Any proposal to transfer or sell any portion of the [National] resources, or of the control exercised by the Government or the Throne, or to effect any change in the boundaries and frontiers of the Kingdom, shall be subject to the approval of the National Consultative Assembly.
Art. 23. Without the approval of the National Council, no concession for the formation of any public Company of any sort shall, under any plea soever, be granted by the State.
Art. 24. The conclusion of treaties and covenants, the granting of commercial, industrial, agricultural and other concessions, irrespective of whether they be to Persian or foreign subjects, shall be subject to the approval of the National Consultative Assembly, with the exception of treaties which, for reasons of State and the public advantage, must be kept secret.
Art. 25. State loans, under whatever title, whether internal or external, must be contracted only with the cognizance and approval of the National Consultative Assembly.
Art. 26. The construction of railroads or chaussées, at the expense of the Government, or of any Company, whether Persian or foreign, depends on the approval of the National Consultative Assembly.
Art. 27. Wherever the Assembly observes any defect in the laws, or any neglect in giving effect to them, it shall notify the same to the Minister responsible for that department, who shall furnish all necessary explanations.
Art. 28. Should any Minister, acting under misapprehension, issue on the Royal Authority, whether in writing or by word of mouth, orders conflicting with one of the laws which have been enacted and have received the Royal Sanction, he shall admit his negligence and lack of attention, and shall, according to the Law, be personally responsible to His Imperial and Most Sacred Majesty.
Art. 29. Should a Minister fail to give a satisfactory account of any affair conformably to the laws which have received the Royal Sanction, and should it appear in his case that a violation of such law has been committed, or that he has transgressed the limits imposed [on him], the Assembly shall demand his dismissal from the Royal Presence, and should his treason be clearly established in the Court of Cassation, he shall not again be employed in the service of the State.
Art. 30. The Assembly shall, at any time when it considers it necessary, have the right to make direct representations to the Royal Presence by means of a Committee consisting of the President and six of its Members chosen by the Six Classes. This Committee must ask permission, and the appointment of a time for approaching the Royal Presence through the Master of the Ceremonies (Wazír-i-Darbár).
Art. 31. Ministers have the right to be present at the Sessions of the National Consultative Assembly, to sit in the places appointed for them, and to listen to the debates of the Assembly. If they consider it necessary, they may ask the President of the Assembly for permission to speak, and may give such explanations as may be necessary for purposes of discussion and investigation.
On the representation of affairs to the National Consultative Assembly.
Art. 32. Any individual may submit in writing to the Petition Department of the Archives of the Assembly a statement of his own case, or of any criticisms or complaints. If the matter concerns the Assembly itself, it will give him a satisfactory answer; but if it concerns one of the Ministries, it will refer it to that Ministry, which will enquire into the matter and return a sufficient answer.
Art. 33. New laws which are needed shall be drafted and revised in the Ministries which are respectively responsible, and shall then be laid before the Assembly by the responsible Ministers, or by the Prime Minister. After being approved by the Assembly, and ratified by the Royal Signature, they shall be duly put into force.
Art. 34. The President of the Assembly can, in case of necessity, either personally, or on the demand of ten Members of the Assembly, hold a private conference, consisting of a selected number of Members of the Assembly, with any Minister, from which private meeting newspaper correspondents and spectators shall be excluded, and at which other Members of the Assembly shall not have the right to be present. The result of the deliberations of such secret conference shall, however, only be confirmed when it has been deliberated in the said conference in presence of three quarters of those selected [to serve on it], and carried by a majority of votes. Should the proposition [in question] not be accepted in the private conference, it shall not be brought forward in the Assembly, but shall be passed over in silence.
ArtT. 35. If such private conference shall have been held at the demand of the President of the Assembly, he has the right to inform the public of so much of the deliberations as he shall deem expedient; but if the private conference has been held at the demand of a Minister, the disclosure of the deliberations depends on the permission of that Minister.
Art. 36. Any Minister can withdraw any matter which he has proposed to the Assembly at any point in the discussion, unless his statement has been made at the instance of the Assembly, in which case the withdrawal of the matter depends on the consent of the Assembly.
Art. 37. If a measure introduced by any Minister is not accepted by the Assembly, it shall be returned supplemented by the observations of the Assembly; and the responsible Minister, after rejecting or accepting the criticisms of the Assembly, can propose the aforesaid measure a second time to the Assembly.
Art. 38. The Members of the National Consultative Assembly must clearly and plainly signify their rejection or acceptance of measures, and no one has the right to persuade or threaten them in recording their votes. The signification by the Members of the Assembly of such rejection or acceptance must be effected in such manner that newspaper correspondents and spectators also may perceive it, that is to say their intention must be signified by some outward sign such as [the employment of] blue and white voting-papers, or the like.
The proposal of measures on the part of the Assembly.
Art. 39. Whenever any measure is proposed on the part of one of the Members of the Assembly, it can only be discussed when at least fifteen Members of the Assembly shall approve the discussion of that measure. In such case the proposal in question shall be forwarded in writing to the President of the Assembly, who has the right to arrange that it shall be subjected to a preliminary investigation in a Committee of Enquiry.
Art. 40. On the occasion of the discussion and investigation of such measure as is mentioned in Art. 39, whether in the Assembly or in the Committee of Enquiry, notice shall be given by the Assembly to the responsible Minister, if any, concerned in the measure, that if possible he himself, or, if not, his Assistant Minister, shall be present in the Assembly, so that the debate may take place in the presence of one or other of them.
The draft of the [proposed] measure, with its additions, must be sent from ten days to a month before the time (with the exception of matters added at the last moment) to the responsible Minister; and so likewise the day of its discussion must be determined beforehand. After the measure has been discussed in the presence of the responsible Minister, and in case it should, by a majority of votes, receive the approval of the Assembly, it shall be officially transmitted in writing to the responsible Minister, so that he may take the necessary steps [to put it in force].
Art. 41. If the responsible Minister cannot, for any reason, agree with the Assembly about a measure proposed by it, he must offer his excuses to it and give it satisfaction.
Art. 42. Should the National Consultative Assembly demand explanations on any matter from the responsible Minister, the Minister in question must give an answer, which answer must not be postponed unnecessarily or without plausible reason, save in the case of secret measures, the secrecy of which for some definite period is to the advantage of the State and the People. In such cases, on the lapse of the definite period the responsible Minister is bound to disclose this measure in the Assembly.
On the Conditions regulating the formation of the Senate.
Art. 43. There shall be constituted another Assembly, entitled the Senate, consisting of sixty Members, the sessions of which, after its constitution, shall be complementary to the sessions of the National Consultative Assembly.
ArT. 44. The Regulations of the Senate must be approved by the National Consultative Assembly.
Art. 45. The Members of this Assembly shall be chosen from amongst the well-informed, discerning, pious and respected persons of the Realm. Thirty of them shall be nominated on the part of His Imperial Majesty (fifteen of the people of Ṭihrán, and fifteen of the people of the Provinces), and thirty by the Nation (fifteen elected by the people of Ṭihrán, and fifteen by the people of the Provinces).
Art. 46. After the constitution of the Senate, all proposals must be approved by both Assemblies. If those proposals shall have been originated in the Senate, or by the Cabinet of Ministers, they must first be amended and corrected in the Senate and accepted by a majority of votes, and must then be approved by the National Consultative Assembly. But proposals brought forward by the National Consultative Assembly must, on the contrary, go from this Assembly to the Senate, except in the case of financial matters, which belong exclusively to the National Consultative Assembly. The decision of the Assembly, in respect to the above-mentioned proposals, shall be made known to the Senate, so that it in turn may communicate its observations to the National Assembly, but the latter, after due discussion, is free to accept or reject these observations of the Senate.
Art. 47. So long as the Senate has not been convoked, proposals shall, after being approved by the National Consultative Assembly, receive the Royal assent, and shall then have the force of Law.
Art. 48. If any proposal, after undergoing criticism and revision in the Senate, be referred by a Minister to the National Consultative Assembly, and be not accepted, such disputed proposal shall, in case of its being of importance, be reconsidered by a third Assembly composed of Members of the Senate and Members of the National Consultative Assembly elected in equal moieties by Members of the two Assemblies. The decision of this [third] Assembly shall be read out in the National Council. If it be then accepted, well and good. If not, a full account of the matter shall be submitted to the Royal Presence, and should the Royal judgement support the view of the National Consultative Assembly, it shall become effective; but if not, orders will be issued for a fresh discussion and investigation. If again no agreement of opinion results, and the Senate, by a majority of two thirds, approves the dissolution of the National Consultative Assembly, this approval being separately affirmed by the Cabinet of Ministers, then the Imperial Command will be issued for the dissolution of the National Consultative Assembly, and at the same time orders shall be given for the holding of fresh elections, the people, however, having the right to re-elect their former representatives.
Art. 49. The new representatives of Ṭihrán must present themselves within the space of one month, and the representatives of the provinces within the space of three months. When the representatives of the Capital are present, the Assembly shall be opened, and shall begin its labours, but they shall not discuss disputed proposals until the provincial representatives shall arrive. If, after the arrival of all its Members, the new Assembly shall by a clear majority confirm the first decision, His Most Sacred and Imperial Majesty shall approve that decision of the National Consultative Assembly, and shall order it to be carried into effect.
Art. 50. In each electoral period, which consists of two years, orders for the renewal of representatives shall not be given more than once.
Art. 51. It is agreed that the kings of our successors and posterity shall regard as a duty of their sovereign state and an obligation incumbent upon them the maintenance of these laws and principles, which we have established and put into force for the strengthening of the edifice of the State, the consolidation of the foundations of the Throne, the superintendence of the machinery of Justice, and the tranquillity of the Nation.
Dhu’l-Qa‘da 14, A.H. 1324
(= December 30, 1906).
“These Fundamental Laws of the National Consultative Assembly and the Senate, containing fifty-one Articles, are correct.
“Dhu’l-Qa‘da 14, A.H. 1324”
(= December 30, 1906).
[Underneath the concluding words is the signature of the late Sháh, Muẓaffaru’d-Din, and on the back of the page are the seals of the then Crown Prince or Walí-‘ahd (the deposed Sháh, Muḥammad ‘Alí), and of the late Mushíru’d-Dawla.]
4. THE SUPPLEMENTARY FUNDAMENTAL LAWS OF OCTOBER 7, 1907.
The original Fundamental Law, containing 51 Articles, was promulgated on Dhu’l-Qa‘da 14, A.H. 1324 (= Dec. 30, 1906) by the late Muẓaffaru’d-Din Sháh. The following supplementary laws were ratified by his successor, the now deposed Sháh, Muḥammad ‘Ali, on Sha‘bán 29, A.H. 1325 (= Oct. 7, 1907).
In the Name of God the Merciful, the Forgiving.
The Articles added to complete the Fundamental Laws of the Persian Constitution ratified by the late Sháhinsháh of blessed memory, Muẓaffaru’d-Din Sháh Qájár (may God illuminate his resting-place!) are as follows.
Art. 1. The official religion of Persia is Islám, according to the orthodox Já‘fari doctrine of the Ithna ‘Ashariyya (Church of the Twelve Imáms), which faith the Sháh of Persia must profess and promote.
Art. 2. At no time must any legal enactment of the Sacred National Consultative Assembly, established by the favour and assistance of His Holiness the Imám of the Age (may God hasten his glad Advent!), the favour of His Majesty the Sháhinsháh of Islám (may God immortalize his reign!), the care of the Proofs of Islám (may God multiply the like of them!), and the whole people of the Persian nation, be at variance with the sacred principles of Islám or the laws established by His Holiness the Best of Mankind (on whom and on whose household be the Blessings of God and His Peace!).
It is hereby declared that it is for the learned doctors of theology (the ‘ulamá)—may God prolong the blessing of their existence!—to determine whether such laws as may be proposed are or are not conformable to the principles of Islám; and it is therefore officially enacted that there shall at all times exist a Committee composed of not less than five mujtahids or other devout theologians, cognizant also of the requirements of the age, [which committee shall be elected] in this manner. The ‘ulamá and Proofs of Islám shall present to the National Consultative Assembly the names of twenty of the ‘ulamá possessing the attributes mentioned above; and the Members of the National Consultative Assembly shall, either by unanimous acclamation, or by vote, designate five or more of these, according to the exigencies of the time, and recognize these as Members, so that they may carefully discuss and consider all matters proposed in the Assembly, and reject and repudiate, wholly or in part, any such proposal which is at variance with the Sacred Laws of Islam, so that it shall not obtain the title of legality. In such matters the decision of this Ecclesiastical Committee shall be followed and obeyed, and this article shall continue unchanged until the appearance of His Holiness the Proof of the Age (may God hasten his glad Advent!).
Art. 3. The frontiers, provinces, departments and districts of the Persian Empire cannot be altered save in accordance with the Law.
Art. 4. The capital of Persia is Ṭihrán.
Art. 5. The official colours of the Persian flag are green, white and red, with the emblem of the Lion and the Sun.
Art. 6. The lives and property of foreign subjects residing on Persian soil are guaranteed and protected, save in such contingencies as the laws of the land shall except.
Art. 7. The principles of the Constitution cannot be suspended either wholly or in part.
Rights of the Persian Nation.
Art. 8. The people of the Persian Empire are to enjoy equal rights before the Law.
Art. 9. All individuals are protected and safeguarded in respect to their lives, property, homes, and honour, from every kind of interference, and none shall molest them save in such case and in such way as the laws of the land shall determine.
Art. 10. No one can be summarily arrested, save flagrante delicto in the commission of some crime or misdemeanour, except on the written authority of the President of the Tribunal of Justice, given in conformity with the Law. Even in such case the accused must immediately, or at latest in the course of the next twenty-four hours, be informed and notified of the nature of his offence.
Art. 11. No one can be forcibly removed from the tribunal which is entitled to give judgement on his case to another tribunal.
Art. 12. No punishment can be decreed or executed save in conformity with the Law.
Art. 13. Every person’s house and dwelling is protected and safeguarded, and no dwelling-place may be entered save in such case and in such way as the Law has decreed.
Art. 14. No Persian can be exiled from the country, or prevented from residing in any part thereof, or compelled to reside in any specified part thereof, save in such cases as the Law may explicitly determine.
Art. 15. No property shall be removed from the control of its owner save by legal sanction, and then only after its fair value has been determined and paid.
Art. 16. The confiscation of the property or possessions of any person under the title of punishment or retribution is forbidden, save in conformity with the Law.
Art. 17. To deprive owners or possessors. of the properties or possessions controlled by them on any pretext whatever is forbidden, save in conformity with the Law.
Art. 18. The acquisition and study of all sciences, arts and crafts is free, save in the case of such as may be forbidden by the ecclesiastical law.
ArT. 19. The foundation of schools at the expense of the government and the nation, and compulsory instruction, must be regulated by the Ministry of Sciences and Arts, and all schools and colleges must be under the supreme control and supervision of that Ministry.
Art. 20. All publications, except heretical books and matters hurtful to the perspicuous religion [of Islám] are free, and are exempt from the censorship. If, however, anything should be discovered in them contrary to the Press law, the publisher or writer is liable to punishment according to that law. If the writer be known, and be resident in Persia, then the publisher, printer and distributor shall not be liable to prosecution.
Art. 21. Societies (anjumans) and associations (ijtimá‘át) which are not productive of mischief to Religion or the State, and are not injurious to good order, are free throughout the whole Empire, but members of such associations must not carry arms, and must obey the regulations laid down by the Law on this matter. Assemblies in the public thoroughfares and open spaces must likewise obey the police regulations.
Art. 22. Correspondence passing through the post is safeguarded and exempt from seizure or examination, save in such exceptional cases as the Law lays down.
Art. 23. It is forbidden to disclose or detain telegraphic correspondence without the express permission of the owner, save in such cases as the Law lays down.
Art. 24. Foreign subjects may become naturalized as Persian subjects, but their acceptance or continuance as such, or their deprivation of this status, is in accordance with a separate law.
Art. 25. No special authorization is required to proceed against government officials in respect of shortcomings connected with the discharge of their public functions, save in the case of Ministers, in whose case the special laws on this subject must be observed.
Powers of the Realm.
Art. 26. The powers of the realm are all derived from the people; and the Fundamental Law regulates the employment of those powers.
ArT. 27. The powers of the Realm are divided into three categories.
First, the legislative power, which is specially concerned with the making or amelioration of laws. This power is derived from His Imperial Majesty, the National Consultative Assembly, and the Senate, of which three sources each has the right to introduce laws, provided that the continuance thereof be dependent on their not being at variance with the standards of the ecclesiastical law, and on their approval by the Members of the two Assemblies, and the Royal ratification. The enacting and approval of laws connected with the revenue and expenditure of the kingdom are, however, specially assigned to the National Consultative Assembly. The explanation and interpretation of the laws are, moreover, amongst the special functions of the abovementioned Assembly.
Second, the judicial power, by which is meant the determining of rights. This power belongs exclusively to the ecclesiastical tribunals in matters connected with the ecclesiastical law, and to the civil tribunals in matters connected with ordinary law.
Third, the executive power, which appertains to the King, that is to say, the laws and ordinances are carried out by the Ministers and State officials in the august name of His Imperial Majesty in such manner as the Law defines.
Art. 28. The three powers above mentioned shall ever remain distinct and separate from one another.
Art. 29. The special interests of each province, department and district shall be arranged and regulated, in accordance with special laws on this subject, by provincial and departmental councils (anjumans).
Rights of Members of the Assembly.
Art. 30. The deputies of the National Consultative Assembly and of the Senate represent the whole nation, and not only the particular classes, provinces, departments or districts which have elected them.
Art. 31. One person cannot at one and the same time enjoy membership of both Assemblies.
Art. 32. As soon as any deputy accepts any lucrative employment in the service of one of the departments of the government, he ceases to be a member of the Assembly, and his re-acceptance as a member of the Assembly depends on his resigning such government appointment, and being re-elected by the people.
Art. 33. Each of the two Assemblies has the right to investigate and examine every affair of state.
Art. 34. The deliberations of the Senate are ineffective when the National Consultative Assembly is not in session.
Rights of the Persian Throne.
Art. 35. The sovereignty is a trust confided (as a Divine gift) by the people to the person of the King.
Art. 36. The constitutional Monarchy of Persia is vested in the person of His Imperial Majesty Sulṭán Muḥammad ‘Alí Sháh Qájár (may God prolong his sovereignty!) and in his heirs, generation after generation.
Art. 37. The succession to the Throne, in case of there being more than one son, passes to the eldest son of the King whose mother is a Princess and of Persian race. In case the King should have no male issue, the eldest male of the Royal Family who is next of kin shall rank next in succession to the Throne. If, however, in the case supposed above, male heirs should subsequently be born to the King, the succession will de jure revert to such heir.
Art. 38. In case of the decease of the Sovereign, the Crown Prince can only undertake in person the functions of the Throne provided that he has attained the age of eighteen years. If he has not reached this age, a Regent shall be chosen with the sanction and approval of the National Consultative Assembly and the Senate, until such time as the Crown Prince shall attain this age.
Art. 39. No King can ascend the Throne unless, before his coronation, he appear before the National Consultative Assembly, in presence of the Members of this Assembly and of the Senate, and of the Cabinet of Ministers, and repeat the following oath:
“I take to witness the Almighty and Most High God, on the glorious Word of God, and by all that is most honoured in God’s sight, and do hereby swear that I will exert all my efforts to preserve the independence of Persia, safeguard and protect the frontiers of my Kingdom and the rights of my People, observe the Fundamental Laws of the Persian Constitution, rule in accordance with the established laws of Sovereignty, endeavour to promote the Ja‘farí doctrine of the Church of the Twelve Imams, and will in all my deeds and actions consider God Most Glorious as present and watching me. I further ask aid from God, from Whom alone aid is derived, and seek help from the holy spirits of the Saints of Islam to render service to the advancement of Persia.”
Art. 40. So in like manner no one who is chosen as Regent can enter upon his functions unless and until he repeats the above oath.
Art. 41. In the event of the King’s decease, the National Consultative Assembly and the Senate must of necessity meet, and such meeting must not be postponed later than ten days after the date of the King’s decease.
Art. 42. If the mandate of the deputies of either or both of the Assemblies shall have expired during the period of the late King’s life, and the new deputies shall not yet have been elected at the time of his decease, the deputies of the late Parliament shall reassemble, and the two Assemblies shall be reconstituted.
Art. 43. The King cannot, without the consent and approval of the National Consultative Assembly and the Senate, undertake the government of any other kingdom.
Art. 44. The person of the King is exempted from responsibility. The Ministers of State are responsible to both Chambers in all matters.
Art. 45. The decrees and rescripts of the King relating to affairs of State can only be carried out when they are countersigned by the responsible Minister, who is also responsible for the authenticity of such decree or rescript.
Art. 46. The appointment and dismissal of Ministers is effected by virtue of the Royal Decree of the King.
Art. 47. The granting of military rank, decorations and other honorary distinctions shall be effected with due regard to the special law referring to the person of the King.
Art. 48. The choice of officials as heads of the various government departments, whether internal or foreign, subject to the approval of the responsible Minister, is the King’s right, save in such cases as are specifically excepted by the Law; but the appointment of other officials does not lie with the King, save in such cases as are explicitly provided for by the Law.
Art. 49. The issue of decrees and orders for giving effect to the laws is the King’s right, provided that under no circumstances shall he postpone or suspend the carrying out of such laws.
Art. 50. The supreme command of all the forces, military and naval, is vested in the person of the King.
Art. 51. The declaration of war and the conclusion of peace are vested in the King.
Art. 52. The treaties which, conformably to article 24 of the Fundamental Law promulgated on Dhu’l-Qa‘da 14, A.H. 1324 (= December 30, 1906), must remain secret, shall be communicated by the King, with the necessary explanations, to the National Consultative Assembly and the Senate after the disappearance of the reasons which necessitated such secrecy, as soon as the public interests and security shall require it.
Art. 53. The secret clauses of a treaty cannot in any case annul the public clauses of the same.
Art. 54. The King can convoke in extraordinary session the National Consultative Assembly and the Senate.
Art. 55. The minting of coin, subject to conformity with the Law, is in the name of the King.
Art. 56. The expenses and disbursements of the Court shall be determined by law.
Art. 57. The Royal prerogatives and powers are only those explicitly mentioned in the present Constitutional Law.
Concerning the Ministers.
Art. 58. No one can attain the rank of Minister unless he be a Musulmán by religion, a Persian by birth, and a Persian subject.
Art. 59. Princes in the first degree, that is to say the sons, brothers and paternal uncles of the reigning King, cannot be chosen as Ministers.
ART. 60. Ministers are responsible to the two Chambers, and must, in case of their presence being required by either Chamber, appear before it, and must observe the limitations of their responsibility in all such matters as are committed to their charge.
Art. 61. Ministers, besides being individually responsible for the affairs specially appertaining to their own Ministry, are also collectively responsible to the two Chambers for one another’s actions in affairs of a more general character.
Art. 62. The number of Ministers shall be defined by law, according to the requirements of the time.
Art. 63. The honorary title of Minister is entirely abolished.
Art. 64. Ministers cannot divest themselves of their responsibility by pleading verbal or written orders from the King.
Art. 65. The National Consultative Assembly, or the Senate, can call Ministers to account or bring them to trial.
Art. 66. The Law shall determine the responsibility of Ministers and the punishments to which they are liable.
Art. 67. If the National Consultative Assembly or the Senate shall, by an absolute majority, declare itself dissatisfied with the Cabinet, or with one particular Minister, that Cabinet or Minister shall resign their or his ministerial functions.
Art. 68. Ministers may not accept a salaried office other than their own.
Art. 69. The National Consultative Assembly or the Senate shall declare the delinquencies of Ministers in the presence of the Court of Cassation, and the said Court, all the members of the tribunals comprised in it being present, will pronounce judgement, save in cases when the accusation and prosecution refer to the Minister in his private capacity, and are outside the scope of the functions of government entrusted to him in his ministerial capacity.
(N.B. So long as the Court of Cassation is not established, a Commission chosen from the Members of the two Chambers in equal moieties shall discharge the function of that Court.)
Art. 70. The determination of the delinquencies of Ministers, and of the punishments to which they are liable, in case they incur the suspicion of the National Consultative Assembly or of the Senate, or expose themselves to personal accusations on the part of their opponents in the affairs of their department, will be regulated by a special law.
Powers of the Tribunals of Justice.
Art. 71. The Supreme Ministry of Justice and the judicial tribunals are the places officially destined for the redress of public grievances, while judgement in all matters falling within the scope of the Ecclesiastical Law is vested in just mujtahids possessing the necessary qualifications.
Art. 72. Disputes connected with political rights belong to the judicial tribunals, save in such cases as the Law shall except.
Art. 73. The establishment of civil tribunals depends on the authority of the Law, and no one, on any title or pretext, may establish any tribunal contrary to its provisions.
Art. 74. No tribunal can be constituted save by the authority of the Law.
Art. 75. In the whole Kingdom there shall be only one Court of Cassation for civil cases, and that in the capital; and this Court shall not deal with any case of first instance, except in cases in which Ministers are concerned.
Art. 76. All proceedings of tribunals shall be public, save in cases where such publicity would be injurious to public order or contrary to public morality. In such cases, the tribunal must declare the necessity of sitting clausis fortbus.
Art. 77. In cases of political or press offences, where it is desirable that the proceedings should be private, this must be agreed to by all the members of the tribunal.
Art. 78. The decisions and sentences emanating from the tribunals must be reasoned and supported by proof, and must contain the articles of the Law in accordance with which judgement has been given, and they must be read publicly.
Art. 79. In cases of political and press offences, a jury must be present in the tribunals.
Art. 80. The presidents and members of the judicial tribunals shall be chosen in such manner as the laws of justice determine, and shall be appointed by Royal Decree.
Art. 81. No judge of a judicial tribunal can be temporarily or permanently transferred from his office unless he be brought to judgement and his offence be proved, save in the case of his voluntary resignation.
Art. 82. The functions of a judge of a judicial tribunal cannot be changed save by his own consent.
Art. 83. The appointment of the Public Prosecutor is within the competence of the King, supported by the approval of the ecclesiastical judge.
Art. 84. The appointment of the members of the judicial tribunals shall be determined in accordance with the Law.
Art. 85. The presidents of the judicial tribunals cannot accept salaried posts under government, unless they undertake such service without recompense, always provided that [in this case also] there be no contravention of the Law.
Art. 86. In every provincial capital there shall be established a Court of Appeal for dealing with judicial matters in such wise as is explicitly set forth in the laws concerning the administration of justice.
Art. 87. Military tribunals shall be established throughout the whole Kingdom according to. special laws.
Art. 88. Arbitration in cases of dispute as to the limitations of the functions and duties of the different departments of government shall, agreeably to the provisions of the Law, be referred to the Court of Cassation.
Art. 89. The Court of Cassation and other tribunals will only give effect to public, provincial, departmental and municipal omens and bye-laws when these are in conformity with the Law.
Provincial and Departmental Councils (anjumans).
Art. 90. Throughout the whole empire provincial and departmental councils (anjumans) shall be established in accordance with special regulations. The fundamental laws regulating such assemblies are as follows.
ART. 91. The members of the provincial and departmental councils shall be elected immediately by the people, according to the regulations governing provincial and departmental councils.
Art. 92. The provincial and departmental councils are free to exercise complete supervision over all reforms connected with the public interest, always provided that they observe the limitations prescribed by the Law.
Art. 93. An account of the expenditure and income of every kind of the provinces and departments shall be printed and published by the instrumentality of the provincial and departmental councils.
Concerning the Finances.
Art. 94. No tax shall be established save in accordance with the Law.
Art. 95. The Law will specify the cases in which exemption from the payment of taxes can be claimed.
Art. 96. The National Consultative Assembly shall each year by a majority of votes fix and approve the Budget.
Art. 97. In the matter of taxes there shall be no distinction or difference amongst the individuals who compose the nation.
Art. 98. Reduction of or exemption from taxes is regulated by a special law.
Art. 99. Save in such cases as are explicitly excepted by Law, nothing can on any pretext be demanded from the people save under the categories of state, provincial, departmental and municipal taxes.
Art. 100. No order for the payment of any allowance or gratuity can be made on the Treasury save in accordance with the Law.
Art. 101. The National Consultative Assembly shall appoint the members of the Financial Commission for such period as may be determined by the Law.
Art. 102. The Financial Commission is appointed to inspect and analyse the accounts of the Department of Finance and to liquidate the accounts of all debtors and creditors of the Treasury. It is especially deputed to see that no item of expenditure fixed in the Budget exceeds the amount specified, or is changed or altered, and that each item is expended in the proper manner. It shall likewise inspect and analyse the different accounts of all the departments of State, collect the documentary proofs of the expenditure indicated in such accounts, and submit to the National Consultative Assembly a complete statement of the accounts of the Kingdom, accompanied by its own observations.
Art. 103. The institution and organization of this commission shall be in accordance with the Law.
Art. 104. The Law determines the manner of recruiting the troops, and the duties and rights of the military, as well as their promotion, are regulated by the Law.
Art. 105. The military expenditure shall be approved every year by the National Consultative Assembly.
Art. 106. No foreign troops may be employed in the service of the State, nor may they remain in or pass through any part of the Kingdom save in accordance with the Law.
Art. 107. The military cannot be deprived of their rights, ranks or functions save in accordance with the Law.
(Copy of the august Imperial Rescript.)
“In the Name of God, blessed and exalted is He.
“The complementary provisions of the Fundamental Code of Laws have been perused and are correct. Please God, our Royal Person will observe and regard all of them. Our sons and successors also will, please God, confirm these sacred laws and principles.
29 Sha‘bán, A.H. 1325, in the Year of the Sheep (قوى ييل) (= Oct. 7, 1907),
In the Royal Palace of Ṭihrán.”
5. THE NEW ELECTORAL LAW OF JULY 1, 1909
(promulgated on the twelfth of Jumádá ii, A.H. 1327).
Whereas, in accordance with the requirements of the time, certain articles of the Regulations for the election of Members to the National Consultative Assembly were seen to need alteration, agreeably to the Command, irresistible as Fate, of His Most Sacred Royal and Imperial Majesty (may God immortalize his dominion and rule) a Commission was formed of well-wishers to the Nation in co-operation with members of the [former] National Assembly, comprising twenty members and deciding by a majority of votes, to construct a new Electoral Law.
And whereas attention had been directed to four articles in the Fundamental Law having reference to the matter of the Elections, the modification of which articles was inconsistent with the principles above-mentioned, in order to remove this difficulty the above-mentioned Commission, with the concurrence of the well-wishers of the more important provinces of Persia, submitted the more important articles of the Electoral Law which it had drawn up to the chief centres of the kingdom, and delegated their powers in this matter to the Ázarbáyján centre. The most competent members of that important centre approved the modification of the four articles above-mentioned, and further added remarks on other material points. Thereafter, having due regard to the observations of the Azarbayjan centre, this Electoral Law was written and codified, subject to this provision, that after the National Assembly shall have been auspiciously opened, it shall, conformably to the option assigned to it by the Fundamental Laws, exercise its discretion as to the confirmation, rejection or emendation of each article of the Electoral Law.
In the Name of God, the Merciful, the Forgiving.
The number of the National Representatives, and their division according to Provinces and Departments.
Art. 1. The number of the National Representatives for the National Consultative Assembly is fixed at one hundred and twenty.
Art. 2. The assignment of the National Representatives proportionally to the estimated population of the provinces and the importance of the locality is in accordance with the explanatory table appended to the Electoral Law.
Art. 3. Since, by reason of the absence of the necessary appliances, the places of election will be only in the large cities and smaller towns, no mention has been made in this Electoral Law of most of the districts and tribes whereof the centre of government lacks the qualities of a town. Yet notwithstanding this, the inhabitants of such districts and tribal areas in each department, subject to their possessing the specified qualifications, are entitled to proceed to one of the towns of that department and take part in the elections.
Qualifications of Electors.
Art. 4. The electors shall be persons possessing the following qualifications:
- (i) They must be Persian subjects.
- (ii) They must be at least twenty years of age.
- (iii) They must be locally known, and, if not natives of or settlers in the district, they must have been domiciled in the electoral centre or in its dependencies for at least six months before the election.
- (iv) They must possess property to the extent of 250 túmáns (£50) at least, or must pay at least 10 túmáns (£2) in taxes, or must be in receipt of a yearly income or earnings amounting to at least 50 túmáns (£10).
Art. 5. The following are absolutely disqualified from electoral functions:
- (i) Women.
- (ii) Persons not of full understanding, or such as are legally in the hands of guardians.
- (iii) Foreign subjects.
- (iv) Persons whose apostasy from the orthodox religion of Islam has been established in the presence of a duly qualified representative of the Holy Law.
- (v) Persons under twenty years of age.
- (vi) Fraudulent bankrupts.
- (vii) Persons who have been guilty of murder or theft, criminals liable to punishment according to the laws of Islam, and persons suspected of murder, theft and the like who have not succeeded in legally establishing their innocence.
- (viii) Members of the naval and military forces actually engaged in service.
Art. 6. Persons provisionally deprived of electoral rights are:
- (i) Governors and Assistant-governors within their own command and jurisdiction.
- (ii) Employés of the gendarmerie and police forces within the district of their employment.
Qualifications of Candidates for Election.
Art. 7. Candidates for Election must possess the following qualities and status:
- (i) They must profess the Faith of His Holiness Muḥammad the son of ‘Abdu’lláh, unless they represent the Christian, Zoroastrian, or Jewish communities, in which case also they must be sound in their respective beliefs.
- (ii) They must be Persian subjects.
- (iii) They must at least be able to read and write Persian to an adequate degree.
- (iv) They must be locally known.
- (v) They must possess some knowledge of affairs of State.
- (vi) They must have the reputation of being trustworthy and upright.
- (vii) Their age must not fall short of thirty, nor exceed seventy.
ArT. 8. Persons disqualified for election are:
- (i) Princes in the first degree, that is to say the sons, brothers, and paternal uncles of the King.
- (ii) Women.
- (iii) Foreign subjects.
- (iv) Members of the military and naval forces actually in service.
- (v) Persons employed in the service of the State, unless they resign their offices during the period for which they act as representatives.
- (vi) Fraudulent bankrupts.
- (vii) Persons who have committed murder or theft, and other criminals deserving punishment according to the Law of Islam, as well as persons reputed guilty of murder, theft, etc., who have not legally established their innocence.
- (viii) Persons whose age falls short of thirty or exceeds seventy years.
- (ix) Persons whose apostasy from the orthodox faith of Islam shall have been established in the presence of a duly qualified Ecclesiastical Judge, and those who live in open sin.
Formation of the Council of Supervision.
Art. 9. In every electoral centre there shall be temporarily formed a committee named the “Council of Supervision” (Anjuman-i-Naẓárat) which shall superintend and be responsible for the correctness of the Elections.
Art. 10. In places where, in conformity with the Law, there exists a Provincial or Departmental Council, this Council of Supervision shall consist of three members of such Provincial or Departmental Council and four persons generally respected in the locality, under the presidency of the Governor. These four persons shall be appointed, subject to the approval of the Governor, by the Provincial or Departmental Council from outside its members.
Art. 11. In places where no Provincial or Departmental Council has yet been formed in conformity with the Law, the Council of Supervision shall consist of the Governor, the acting governor (Kár-guzár), one well-known local ecclesiastical authority, one Prince, two notables, and two merchants of repute. (In any place where one of the persons above-mentioned is not to be found, one of the notables or merchants shall be elected in his place.)
Art. 12. In large towns the Council of Supervision may form separate branches in each quarter, consisting of the Kad-khudá and five trustworthy inhabitants of the quarter, to give out the voting papers.
Art. 13. The Council of Supervision shall from its own members elect one or two secretaries.
Art. 14. The Council of Supervision shall be dissolved one week after the conclusion of the elections.
Method of Election.
Art. 15. The elections throughout the whole of Persia shall be in two degrees.
Definition (i).—What is meant by election in two degrees is that first of all in the quarters of one city, or in the towns of one Electoral Division they shall elect a fixed number [of persons] who shall be called “the Elected.” After this the persons thus elected in the first degree shall meet in the centre of the Electoral Division and shall in turn elect from amongst themselves the requisite number. The persons thus elected in the second degree shall be the representatives.
Definition (ii).—What is meant by an Electoral Division is those portions of the Kingdom which, according to the schedule set forth in these Regulations, conjointly elect one or more persons and send them directly as Members to the National Consultative Assembly, irrespective of whether such division be under one or several governments. The centre of the division is that point where the elections in the second degree of the division take place.
Art. 16. The elections in the first and second degrees will in general be multiple elections, save in places which, according to the schedule of the Regulations, have only the right to elect one person. In such cases single election will be practised.
Definition.—What is meant by “multiple elections” is that each of the electors records on his voting paper the names of persons corresponding in number with the total number of members [assigned for the representation of that place]. What is meant by “single elections” is that each one of the electors writes on his voting paper the name of one person only.
Art. 17. Elections in the first degree shall be by relative majority, and elections in the second degree by absolute majority.
Definition.—What is meant by “absolute majority” is that more than half the voters vote for one person.
Art. 18. In the elections in the first degree those persons who obtain an absolute majority relatively to the total number of electors in that electoral district are dispensed from election in the second degree, and are accepted as members of the National Consultative Assembly.
Art. 19. In the elections in the second degree if, on the first and second occasions, an absolute majority be not obtained for any person, on the third occasion that person shall be deemed elected on his relative majority.
Art. 20. In case of an equality of votes between two or more persons, if the election of one of them be necessary, that one shall be determined by vote.
Art. 21. In elections of the first degree, the number of those elected in each Electoral Division shall be three times the number of the representatives fixed for the Division according to Article 2.
Art. 22. In the Electoral Division of Ṭihrán the elections in the first degree shall be conducted from five quarters, each of which is under the control of a Kad-khudá, according to such apportionment as shall be determined by the Council of Supervision.
Art. 23. In the Electoral Divisions of the Provinces and Departments the elections of the first degree shall be conducted by relative majority in all the towns of each Division. Thereafter those elected in the first degree shall assemble at such time as the Central Council of Supervision shall determine at the Divisional Centre, and shall collectively choose, by absolute majority, representatives from amongst their number, according to the number assigned in conformity with Article 2 to that Division.
ArT. 24. The five principal nomad tribes, namely the Sháh-savans of Ázarbáyján, the Bakhtiyáris, the Qashqá’is, the ‘Five Tribes’ of Fárs, and the Turkmáns, shall each send directly one representative to be a member of the National Consultative Assembly. The tribal elections also shall be in two degrees, but the Ministry of the Interior shall determine the number of those elected in the first degree by each tribe, and the Electoral Centre of the second degree. In this case the elections in the Second Degree shall be by votes.
Art. 25. In case those persons elected by the component towns shall not present themselves at the Centre of that Division at the time fixed for their appearance by the Central Council of Supervision, the right of election shall lapse in their case for that [electoral] cycle, and those who present themselves at the appointed time shall choose the representatives of that Division from amongst their number.
Art. 26. No one of the electors has the right to vote more than once, save in cases where a new election shall be necessary.
Art. 27. In the first degree the electors are not absolutely compelled to elect from those resident in their own quarter.
Issue of the voting papers to determine the Electors.
Art. 28. The Council of Supervision shall prepare and publish from five to fifteen days before the day fixed for the election, according to the importance of the place, a proclamation.
Art. 29. The above-mentioned proclamation shall include the following matters:
- (i) The qualifications of the electors and the elected.
- (ii) The place and times at which the Council of Supervision, or [local] branch thereof, will distribute the voting papers.
- (iii) The place and times at which the Council of Supervision will be prepared to receive the votes.
- (iv) The number of representatives whom the voters are entitled to choose.
Art. 30. If those persons who possess the qualifications of electors do not claim their voting papers within the period fixed by the Council of Supervision for claiming them, their right of election for that cycle lapses.
ArT. 31. The voting paper given to each of the electors shall contain the following particulars:
- (i) Number and date.
- (ii) Name of the holder and his father.
- (iii) Occupation and abode.
- (iv) Time and place at which the holder must present himself to record his vote.
- (v) Hour of opening and closing of the poll.
- (vi) Seals or signatures of the members of the Council of Supervision.
Art. 32. The Council of Supervision, or the [local] branch thereof, shall record in the special register [set apart for that purpose] all the voting papers issued by it in order of their numbers.
Concerning the taking and counting of the votes, and the determination of those elected.
Art. 33. The period for taking the votes shall be from one to three days, according to the importance of the place, as shall be determined by the Council of Supervision.
Art. 34. After the lapse of the period fixed by the Council of Supervision for taking the votes, no voting paper shall be received from anyone.
Art. 35. The voting must be secret, and therefore the voter, before entering the polling booth, must write the name or names of the candidate or candidates for whom he votes, without any further indication, on a piece of white paper, which he must roll up and bring with him.
Art. 36. After the arrival of the members of the Council of Supervision and the opening of the poll at such time as has been announced, the President of the Council of Supervision, before beginning to take the votes, shall open the box appointed for receiving the votes in the presence of the members of the Council and such of the voters as may be present, and shall shew that it is empty.
Art. 37. Each of the voters on arriving at the polling booth shall quietly give his voting paper to one of the members [of the Council of Supervision] designated for this purpose.
ArT. 38. The receiver of the voting paper shall read out its number aloud, in order that the Secretary of the Council may find and mark it off in the register for recording votes. After thus marking off the number, the receiver shall cancel that voting paper and restore it to its owner, and shall place his vote, without looking at it, in the ballot box. In case of circumstances which shall necessitate a fresh election, voters shall keep their cancelled voting papers.
Art. 39. Voters after recording their votes and receiving back their cancelled voting paper shall, in case of over-crowding, disorder or confusion [in the polling booth], withdraw, at the command of the President, from the polling booth.
Art. 40. In places where the election is not concluded in one day, all the members [of the Council of Supervision] shall, at the close of that day’s session, seal up the ballot box with all necessary precautions, and on the next day the same members shall reopen it.
Art. 41. After the announcement of the conclusion of the poll, the President of the Council [of Supervision] shall empty the ballot box in the presence of the other members [of the Council] and of those present, and shall order the votes to be counted.
Art. 42. One of the members [of the Council] shall count the voting papers and compare their numbers with the list of voters the number of whose voting papers has been marked off in the register of votes. In case of any excess of voting papers, a deduction shall be made from the total corresponding to this excess, which shall thus be annulled, and the result shall be recorded in the report of the Council.
Art. 43. One of the members shall read out the voting papers aloud one by one, while another member hands them to him, and three others record on a large sheet of paper the names in the order in which they are read out.
Art. 44. In case more or fewer than the allotted number of names shall have been written on the voting papers, the electoral act shall not be considered null and void. In the former case the superfluous names shall be omitted at the end [of the list or the voting paper].
Art. 45. Such voting papers as shall be blank or illegible, or which do not clearly specify the candidate voted for, or which are signed by the voter, or which consist of more than one paper, shall not be counted, but shall be attached just as they are to the Report of the Council.
Art. 46. Immediately after the counting and calculation of the votes, the President shall announce the result aloud and destroy the voting papers, except such as are mentioned in the preceding article, which are to be attached to the Report of the Council.
Art. 47. The Secretary shall write out three copies of the Report of the polling, and cause them to be signed by the members of the Council of Supervision. Of these one copy shall be sent to the Government, another copy through the Government to the National Consultative Assembly, and a third copy, together with the register recording the votes, to the Provincial or Departmental Council of the centre of that Electoral District.
Art. 48. Persons not provided with voting papers have no right to enter the polling booth.
Art. 49. It is strictly forbidden that any one carrying arms should enter the polling booth.
Art. 50. After the conclusion of the elections, the names of those elected in the first and second degree shall be announced in the newspapers by the local governor.
Art. 51. Candidates elected in the smaller towns must be provided with a certificate of election (i‘tibár-náma) signed by the local Council of Supervision, and must shew it to the central Council of Supervision. So likewise those representatives who are elected in the centre of the Electoral District as Members of the National Consultative Assembly must be provided with a certificate of election signed by the Central Council of Supervision, which they must hand over to the Registry of the National Consultative Assembly.
On complaints in reference to the Elections.
Art. 52. If at the time of the elections any voter or candidate has any complaint or objection to make in regard to the election, this shall not hinder the completion of the election, but an account of such complaint must be inserted in the Report of the Polls.
Art. 53. Complaints and objections concerning the elections must be made known to the Council of Supervision within a week after the conclusion of the elections, so that the Council may investigate and decide them, and append its conclusion to the Report of the Polls.
Art. 54. If those who have complaints to make about the elections are not satisfied with the decision of the Council of Supervision, they may submit their complaints to the National Consultative Assembly within the first month after the opening of that Assembly, and the decision of the Assembly shall be final. (Complaints referring to elections taking place after the opening of the National Consultative Assembly must reach the Assembly within the first month after such election has taken place.)
Art. 55. Should any candidate or representative be elected by means of bribes or threats, the election of such candidate or representative shall, after the charge has been proved to the Council of Supervision or the National Consultative Assembly, be null and void, and he shall further be subject to such penalties as the Law shall determine in his case.
Art. 56. Those persons who have the right to vote are entitled to raise objections to the elections.
On various matters.
Art. 57. As soon as half the representatives of the people plus one, that is to say 61 [successful candidates], shall reach Ṭihrán, the National Assembly shall be opened, and the decision of a majority of them shall be valid and effective.
Art. 58. The beginning of a [new] electoral period shall be two years after the day on which the National Consultative Assembly shall be opened.
Art. 59. At the conclusion of such period of two years the Representatives must be elected again. Constituents have the right to re-elect any Representative whom they wish.
Art. 60. The confirmation of Members of the National Consultative Assembly depends on the designation and approval of that Assembly.
Art. 61. The travelling expenses of those elected in the first and second degree, both for going and returning, shall be paid by the Government of each place, with the concurrence of the Council of Supervision, at the rate of five qráns a parasang, in addition to five '’túmáns (= 50 qráns, or about £1) for the expenses of remaining five days in the District Centre.
Art. 62. If a Member of the National Consultative Assembly shall resign or die, and if more than three months remain before the conclusion of the Electoral Period, the National Assembly shall, by an absolute majority, elect another to take his place.
Art. 63. In Ṭihrán ten days after these Regulations have received the sanction of the Imperial Autograph, and in the Provinces five days after the arrival of the said Regulations, the Council of Supervision shall be constituted and the elections shall begin.
(Signatures of the Members of the Commission for drafting the Electoral Regulations)—
- ִHájji Sayyid Naṣru’lláh.
- Asadu’lláh Mírzá.
- ִHusayn-qulí Khán Nawwáb.
[Here follows the table of the Electoral Districts and their representation. This table is arranged in six columns, shewing (i) the names of the Electoral Districts; (ii) the Centre of each District; (iii) the number of Representatives which each is entitled to send to the National Assembly; (iv) the number of Candidates elected “in the first degree,” which is always (except in the case of the nomad tribes, where it is not specified, being left to the determination of the Minister of the Interior) thrice as many as the number of Representatives finally chosen; (v) the polling places of elections in the first degree in each Electoral District; and (vi) the number of persons elected in the first degree in each, or in other words the number of members contributed by each to the Electoral College of the District, which in turn chooses one-third of its number as Representatives in the National Assembly. These particulars, which I have not thought it necessary to preserve in tabular form, are as follows:]
1. Ṭihrán and Dependencies (centre, ִṬihrán) has 5 polling places, viz. the Dawlat, Sanglach and Shahr-i-Naw, ‘Úd-láján, Chála-maydán and Bázár quarters, which together elect 45 Representatives “in the first degree,” of whom 15 (one-third) finally represent the district in the National Assembly. The apportionment of these 45 amongst the five parishes or quarters is not specified, being left to the determination of the Council of Supervision.
2. Ázarbáyján (centre, Tabríz) has 19 polling places, viz. Tabríz (26), Urmiya (5), Khúy (4), Dílmaqán (1), Mákú (1), Marágha (2), Bínáb (1), Mayán-i-Dú-Áb (1), Sáwujbulágh (2), Dihkhwáraqán (1), Marand (1), Ahar (2), Ardabíl (4), Mishgín (1), Ástárá (1), Khalkhál (1), Saráb (1), Mayánaj (1), ִSá‘in-Qal’a (1): total 57 Representatives “in the first degree,” of whom 19 (one-third) finally represent the district in the National Assembly.
3. The Sháh-savan tribe sends one Representative to the Assembly. The remaining details are left to the decision of the Minister of the Interior.
4. Khurásán (centre, Mashhad) has 12 polling places, viz. Mashhad (12), Qúchán (3), Bujnúrd (2), Dara-Juz (1), Jám and Bákharz (1), Níshápúr (3), Sabzawár (4), Khwáf (1), Turshíz (1), Turbat-i-ִHaydarí (3), Tún (1), Tabas (1): total, 33, of whom 11 finally represent the district.
5. Sístán and Qá’inát (centre, Birjand) has only 2 polling places, viz. Nuṣrat-ábád in Sístán (1) and Birjand (2): total, 3, of whom one finally represents the district.
6. Fárs (centre, Shíráz) has 10 polling places, viz. Shíráz (10), Kázarún (2), Bahbahán (3), Níríz (1), Ábáda (1), Lár (3), Fasá (1), Jahrum (1), Galla-dár (1), Dárábjird (1): total, 24, of whom 8 finally represent the district.
7. The Qashqá’í tribe sends one Representative to the Assembly. The details are left to the Minister of the Interior.
8. The Five Tribes (Ílát-i-khamsa) also send one Representative.
9. The Gulf Port and Islands (Banddir u Jazá’ir), with Bushire (Abú Shahr) for their centre, have 5 polling places, viz. Bushire (2), Burázján, Dashtí and Tangistán (1), Bandar-i-‘Abbás (1), Bandar-i‐ Khamfr and the Islands (1), and Bandar-i-Linga (1): total, 6, of whom 2 finally represent the district.
10. Kirmán (centre, Kirmán) has 7 polling places, viz. Kirmán (8), Rafsinján (2), Sa‘íd-ábád and Sírján (1), Khabíִs (1), Ráwar (1), Zarand (1), Aqṭá‘ wa Afshá (1): total, 15, of whom 5 finally represent the district.
11. Balúchistán, Bam and Narmáshír (centre, Bam) have only 2 polling places, Bam (2) and Balúchistán (1), and only one Member finally represents the district.
12. Astarábád (one polling place at Astarábád) elects 3 candidates, of whom one finally represents the district.
13. The Turkmán tribe sends one Representative to the Assembly.
14. Iṣfahán (centre Iṣfahán) has 5 polling places, viz. Iṣfahán (5), Qumishah (1), Najaf-ábád (1), Quhpáya (1), and Ardistán (1): total, 9, of whom 3 finally represent the district.
15. The Bakhtiyárí tribe sends one Representative to the Assembly.
16. Burújird (one polling place at Burújird) elects 6 candidates, of whom 2 finally represent the district.
17. Khamsa and ִṬárum (centre, Zanján) have 3 polling places, viz. Zanján (4), Abhar (1) and ִṬárum (1): total, 6, of whom 2 finally represent the district.
18. Sáwa and Zarand (centre, Sáwa) have only 2 polling places, viz. Sáwa (2) and Zarand (1): total, 3, of whom one finally represents the district.
19. Sháhrúd and Bisṭám (centre, Sháhrúd) have only two polling places, viz. Sháhrúd (2) and Bisṭám (1): total, 3, of whom one finally represents the district.
20. Iráq (centre, Sulṭán-ábád) has 3 polling places, viz. Sulṭán-ábád (4), Áshtiyán (1) and Tafrish (1): total, 6, of whom 2 finally represent the district.
21. Arabistán (centre, Shúshtar), has 4 polling places, viz. Shúshtar (2), Dizfúl (3), Muḥammara wa ‘Ashá’ir (3), Bandar-i-Násirí (1): total, 9, of whom 3 finally represent the district.
22. Fírúz-kúh (1) and Damáwand (2): total, 3, of whom one finally represents the district.
23. Qazwín (centre, Qazwín) has 4 polling places, viz. Qazwín (3), ִTárum-i-Suflá (1), Kharaqán (1), and ִTálaqán (1): total, 6, of whom 2 finally represent the district.
24. Qum chooses 3 candidates, of whom one represents the district.
25. Káshán (4), Júshqán (1) and Naṭanz (1): total, 6, of whom 2 represent the district.
26. Kurdistán (centre, Sinandij) has 5 polling places, viz. Sinandij (4), Saqaz (2), Bána (1), Úrámán (1) and Maríwán (1): total, 9, of whom 3 represent the district.
27. Kirmánsháhán (centre, Kirmánsháh) has 3 polling places, viz. Kirmánsháh (6), Sunqur (2) and Kangáwar (1): total, 9, of whom 3 finally represent the district.
28 Garrús (centre, Bíjár) elects 3 candidates, of whom one represents the district.
29. Gulpáyagán (2), Khwánsár (1), Kamra (1) and the Maḥallát and other districts (2) elect 6 candidates, of whom 2 finally represent the district.
30. Gílán and Ṭawálish ִ(“the Ṭálishes”: centre, Rasht) has 8 polling places, viz. Rasht (6), Anzalí (2), Láhíján (2), Rúdbár and Daylamán (1), Langarúd (1), Fúman (1), Gurgán-rúd (1), and ִTálish and Dúláb (i): total, 15, of whom 5 finally represent the district.
31. Luristán (centre, Khurram-ábád) has two polling places, Khurram-ábád (4) and Pusht-i-Kúh (2): total, 6, of whom 2 represent the district.
32. Mázandarán, Tunkábun and Sawád-Kúh (centre, Sárí), has 8 polling places, viz. Sárí (2), Bárfurúsh (3), Ámul (1), Tunkábun (2), Sawád-Kúh (1), Ashraf (1), Mashhad-i-Sar (1), and Núr (1): total, 12, of whom 4 finally represent the district.
33. Maláyir, Niháwand and Túysirkán (centre, Dawlat-ábád) have 3 polling places, Dawlat-ábád (3), Niháwand (2) and Túysirkán (1): total, 6, of whom 2 finally represent the district.
34. Hamadán (5) and Asad-ábád (1): total, 6, of whom 2 represent the district.
35. Yazd and its dependencies (centre, Yazd) has 5 polling places, viz. Yazd (4), Ná’ín (2), Shahr-i-Bábak (1), Ardakán (1) and ‘Aqdá (1): total, 9, of whom 3 finally represent the district.
36. Finally the Armenians, “Chaldaeans” (i.e. Nestorian Christians), Zoroastrians and Jews have each one Representative.
TOTAL NUMBER OF REPRESENTATIVES = 120.
(Translation of Imperial Rescript concluding and confirming the above.)
“In His Name, Blessed and Exalted is He!
“To Sa‘du’d-Dawla, Chief Minister.
“The Regulations for the Election of Deputies drawn up agreeably to Our Supreme Will by the Special Commission, and comprising sixty-three articles, are correct. Cause them at once to be printed and circulated, and let the Minister for the Interior immediately take the necessary steps to prepare for the elections at ִṬihrán and in the Provinces.
“12 Jumádá ii, A.H. 1327 [=July 1, A.D. 1909].
[Signed]“Muḥammad ‘Alí Sháh Qájár.”
- Friday is chosen because in Persia, as in other Muhammadan countries, it is a general holiday.
- The Nawrúz, or Persian New Year’s Day, falls about March 21 in each year.
- The Shi‘ite form of Islám includes the “Church of the Twelve” (Ithná ‘ashariyya) and the ‘‘Church of the Seven” (Sab‘iyya). Both agree as to the sequence of their Imáms down to the sixth, Ja‘far as-Sádiq (from whom the epithet “Ja‘fari” is derived), but diverge from this point. Both are regarded as heterodox by the Sunnis, but the ‘‘Church of the Twelve” is orthodox in Persia.
- I.e. the Twelfth Imám, or Imám Mahdí, who is believed to have disappeared in the year A.H. 260 (= A.D. 873–4) and who is expected to return at the end of time, “to fill the earth with justice after it has been filled with iniquity.”
- I.e. the ‘ulamá, or doctors of theology, especially the mujtahids.
- I.e. the Prophet Muḥammad.
- I.e. until the Imám Mahdí shall return and establish the reign of perfect Justice.