Iran - The Revolution the New Constitution

The new constitution

Khomeini had charged the provisional government with the task of drawing up a draft constitution. A step in this direction was taken on March 30 and 31, 1979, when a national referendum was held to determine the kind of political system to be established. Khomeini rejected demands by various political groups and by Shariatmadari that voters be given a wide choice. The only form of government to appear on the ballot was an Islamic republic, and voting was not by secret ballot. The government reported an overwhelming majority of over 98 percent in favor of an Islamic republic. Khomeini proclaimed the establishment of the Islamic Republic of Iran on April 1, 1979.

The Khomeini regime unveiled a draft constitution on June 18. Aside from substituting a strong president, on the Gaullist model, for the monarchy, the constitution did not differ markedly from the 1906 constitution and did not give the clerics an important role in the new state structure. Khomeini was prepared to submit this draft, virtually unmodified, to a national referendum or, barring that, to an appointed council of forty representatives who could advise on, but not revise, the document. Ironically, as it turned out, it was the parties of the left who most vehemently rejected this procedure and demanded that the constitution be submitted for full-scale review by a constituent assembly. Shariatmadari supported these demands.

A newly created seventy-three-member Assembly of Experts convened on August 18, 1979, to consider the draft constitution. Clerics, and members and supporters of the IRP dominated the assembly, which revamped the constitution to establish the basis for a state dominated by the Shia clergy. The Assembly of Experts completed its work on November 15, and the Constitution was approved in a national referendum on December 2 and 3, 1979, once again, according to government figures, by over 98 percent of the vote.

In October 1979, when it had become clear that the draft constitution would institutionalize clerical domination of the state, Bazargan and a number of his cabinet colleagues had attempted to persuade Khomeini to dissolve the Assembly of Experts, but Khomeini refused. Now opposition parties attempted to articulate their objections to the Constitution through protests led by the IPRP. Following the approval of the Constitution, Shariatmadari's followers in Tabriz organized demonstrations and seized control of the radio station. A potentially serious challenge to the dominant clerical hierarchy fizzled out, however, when Shariatmadari wavered in his support for the protesters, and the pro-Khomeini forces organized massive counterdemonstrations in the city in 1979. In fear of condemnation by Khomeini and of IRP reprisals, the IPRP in December 1979 announced the dissolution of the party.

Few foreign initiatives were possible in the early months of the Revolution. The Bazargan government attempted to maintain correct relations with the Persian Gulf states, despite harsh denunciations of the Gulf rulers by senior clerics and revolutionary leaders. Anti-American feeling was widespread and was fanned by Khomeini himself, populist preachers, and the left-wing parties. Bazargan, however, continued to seek military spare parts from Washington and asked for intelligence information on Soviet and Iraqi activities in Iran. On November 1, 1979, Bazargan met with President Carter's national security adviser, Zbigniew K. Brzezinski, in Algiers, where the two men were attending Independence Day celebrations. Meanwhile, the shah, who was seriously ill, was admitted to the United States for medical treatment. Iranians feared that the shah would use this visit to the United States to secure United States support for an attempt to overthrow the Islamic Republic. On November 1, 1979, hundreds of thousands marched in Tehran to demand the shah's extradition, while the press denounced Bazargan for meeting with a key United States official. On November 4, young men who later designated themselves "students of the Imam's line," (imam) occupied the United States embassy compound and took United States diplomats hostage. Bazargan resigned two days later; no prime minister was named to replace him.

The Revolutionary Council took over the prime minister's functions, pending presidential and Majlis elections. The elections for the new president were held in January 1980; Bazargan, fearing further personal attacks, did not run. The three leading candidates were Jalal od Din Farsi, representing the IRP, the dominant clerical party; Abolhasan Bani Sadr, an independent associated with Khomeini who had written widely on the relationship of Islam to politics and economics; and Admiral Ahmad Madani, a naval officer who had served as governor of Khuzestan Province and commander of the navy after the Revolution. Farsi, however, was disqualified because of his Afghan origin, leaving Bani Sadr and Madani as the primary challengers. Bani Sadr was elected by 75 percent of the vote.

Constitution of the Islamic Republic of Iran - Wikipedia
Constitution of the Islamic Republic of Iran - WIPO
Constitution of the Islamic Republic of Iran, Article 3:
ICL - Iran - Constitution
Iran Chamber Society: The Constitution of Islamic Republic