1979 Iranian constitutional referendum

A constitutional referendum was held in Iran on 2 and 3 December 1979.^[1][2] The new Islamic constitution was approved by 99.5% of voters.^[3]

1979 Iranian constitutional referendum

2–3 December 1979
Do you approve the Constitution of the Islamic Republic of Iran?
Results
Choice Votes  % Yes 15,680,329 99.50% No 78,516 0.50% Valid votes 15,758,845 100.00% Invalid or blank votes 111 0.00% Total votes 15,758,956 100.00%

The referendum was held by the Council of the Islamic Revolution, because Bazargan's Interim Government—which oversaw the previous referendum—had resigned in protest to the U.S. Embassy hostage crisis.^[4]

A day before the referendum, when the mourning of Ashura was practiced, Ayatollah Ruhollah Khomeini said those who will not vote tomorrow, will help Americans and desecrate Shohada (Martyrs).^[5]

Alongside Islamic Republican Party, the communist Tudeh Party of Iran urged people to vote yes, expressing its support for "Imam's line";^[6] while Freedom Movement of Iran requested a yes vote on the grounds that the alternative was an anarchy.^[5]

Others, including leftists, secular nationalists and Islamist followers of Mohammad Kazem Shariatmadari, and the prominent opposition group PMOI (People's Mojahedin Organization) called for a boycott. The turnout among Sunni minorities in Kurdistan and Sistan and Baluchestan Provinces, as well as Shariatmadari's home Azerbaijan was low and number of votes fell down in comparison to the referendum held in March. Historian Ervand Abrahamian estimates that nearly 17% of the people did not support the constitution.^[7]

Background

In 1907, a supplement to the constitution (fundamental law) was adopted, and some aspects of European constitutional law that were found to be inconsistent with Shia doctrine were accommodated without any attempts to develop Islamic fundamental laws at that time.^[8]

In March 1979, the Pahlavi dynasty was overthrown, and an Islamic republic was established following the Iranian Islamic Republic referendum.^[9] On April 1, 1979, the 2,500-year-old Persian Empire in Iran came to an end, with Ayatollah Khomeini declaring it as the first day of a "Government of God." He emphasized the need to ratify a new Constitution.

On January 12, 1979, an election for the Assembly of Experts was held, and Ayatollah Khomeini encouraged Iranians to choose their representatives. The Assembly of Experts, functioning as a Constituent assembly, commenced its activities on August 3 and 4, 1979, with 72 representatives from across Iran. During these proceedings, Ayatollah Akbar Hashemi Rafsanjani conveyed Ayatollah Khomeini's message that the "Constitution and other laws in this Republic must be based one hundred per cent on Islam."^[10]

The Assembly of Experts continued its deliberations until November 15, 1979, and ultimately, the new Islamic constitution received approval from at least two-thirds of the representatives.^[10] In June 1979, Ayatollah Khomeini made minor adjustments to the draft constitution and stipulated that it should be subjected to a referendum.^[8]

New constitution

The proposed new constitution would make Iran an Islamic republic, introduce direct elections for the presidency, create a unicameral parliament, and require any constitutional changes to go to a referendum.^[11]

The new constitution was codified according to Shia Islam. Therefore, there was an appendix in which verses of Quran and traditions were cited in support of many articles. Among the applied changes was a chapter on leadership replacing a chapter on monarchy. Two chapters about foreign policy and mass media was added. Some articles from the previous constitution were preserved, such as equality before the law (Articles 19–20); guarantees of the security of life, property, honor, and domicile (Articles 22, 39); freedom of opinion and choice of profession (Articles 23, 28); the rights to due process (Articles 32–36) and to the privacy of communications (Article 25); and a requirement for public deliberations of the Majlis under normal circumstances (Article 69), as well as parliamentary procedure and definition of the rights and responsibilities of the ministers of the Majlis (Articles. 70, 74, 88–90).^[8]

Party policies

Position	Organizations	Ref
Yes
	Islamic Republican Party	[5]
	Freedom Movement	[12]
	Tudeh Party	[6]
Boycott	National Front	[13]
	National Democratic Front
	Muslim People's Republic Party	[14]
	People's Mojahedin Organization	[5]
	People's Fedai (Majority)	[5]
	People's Fedai (Minority)	[5]
	People's Fedai Guerrillas	[5]
	Democratic Party of Iranian Kurdistan	[15]
	Komala Party of Iranian Kurdistan	[15]

Results

Choice	Votes	%
For	15,680,329	99.50
Against	78,516	0.50
Invalid/blank votes	111	–
Total	15,758,956	100
Registered voters	~22,000,000
Source: Nohlen et al.[3]

References

1. Mahmood T. Davari (1 October 2004). The Political Thought of Ayatollah Murtaza Mutahhari: An Iranian Theoretician of the Islamic State. Routledge. p. 138. ISBN 978-1-134-29488-6.
2. Eur (31 October 2002). The Middle East and North Africa 2003. Psychology Press. p. 414. ISBN 978-1-85743-132-2.
3. Nohlen, Dieter; Grotz, Florian; Hartmann, Christof (2001). "Iran". Elections in Asia: A Data Handbook. Vol. I. Oxford University Press. p. 72. ISBN 0-19-924958-X.
4. Gasiorowski, Mark (2016). "Islamic Republic of Iran". The Government and Politics of the Middle East and North Africa. Westview Press. p. 279. ISBN 9780813349947.
5. Ervand Abrahamian (1989), Radical Islam: the Iranian Mojahedin, Society and culture in the modern Middle East, vol. 3, I.B.Tauris, p. 58, ISBN 9781850430773
6. Abdy Javadzadeh (2010), Iranian Irony: Marxists Becoming Muslims, Dorrance Publishing, p. 68, ISBN 9781434982926
7. Abrahamian, Ervand (2008). A History of Modern Iran. Cambridge University Press. p. 169. ISBN 978-0521528917.
8. Arjomand, Amir. "CONSTITUTION OF THE ISLAMIC REPUBLIC". iranicaonline.
9. Inozemtsev (1982). The Iranian Revolution of 1979: Theoretical Approaches and Economic Causes. Progress Publishers. ISBN 9780549835035.
10. Ramazani, Rouhollah K. (1980). "Constitution of the Islamic Republic of Iran". Middle East Journal. 34 (2). Middle East Institute: 181–204. JSTOR 4326018.
11. Iran, 3 December 1979: Constitution Direct Democracy (in German)
12. Lynn Berat (1995). Between States: Interim Governments in Democratic Transitions. Cambridge University Press. p. 141. ISBN 978-0-521-48498-5.
13. Axworthy, Michael (2016), Revolutionary Iran: A History of the Islamic Republic, Oxford University Press, p. 170, ISBN 9780190468965
14. Katouzian, Homa; Hossein Shahidi (2008). Iran in the 21st Century: Politics, economics and conflict. Routledge. p. 55. ISBN 9781134077601.
15. Romano, David (2006). The Kurdish Nationalist Movement: Opportunity, Mobilization and Identity. Cambridge Middle East studies. Vol. 22. Cambridge University Press. p. 236. ISBN 978-0-521-85041-4. OCLC 61425259.