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National Iranian Congress (NIC) () is a U.S.-based political organization founded in 2013. Led by Amir Abbas Fakhravar as an offshoot of his Confederation of Iranian Students (CIS), it is a proponent of regime change in Iran and has drafted a constitution for the future regime. It is cofounded by Arzhang Davoodi.
Amir Abbas Fakhravar visited Knesset of Israel in 2012.
Proposed Draft Constitution of Iran "We the People of Iran, for the purpose of forming a better society and establishing liberty, security, peace and justice for ourselves and our future generations, have penned this Constitution as the basis upon which a government worthy of the Iranian people can be founded."
Article I The vote of the majority of the Iranian people, which is a reflection of their universal wisdom, shall be the utmost authority on all decision-making processes and no person, group, religion or ideology, whether earthly or celestial, has precedence over it under any circumstances. The people of Iran shall have equal rights regardless of gender, ethnicity or religious affiliation and have equal rights to directly participate in national affairs. The right to live, to exercise free speech, to guard one's reputation and to have a fair trial are fundamental rights that shall not be usurped or violated by popular vote or legislation. Legislators shall be prohibited from enacting laws that extend preference to any religion or ideology or prohibit the practice of any religion or ideology. Freedom of the press, political party activism, non-governmental organization participation and the right to protest peacefully against the government shall be rights protected by law. Capital punishment, torture of any kind and solitary confinement under any circumstances shall be strictly prohibited.
Article II The form of Iranian government, Republic or Constitutional Monarchy, shall be determined through a referendum by a majority vote of the Iranian people. Iran's government shall consist of three branches: executive, legislative and judicial. While working in unison, each branch shall maintain its independence and the principle of separation of powers shall be consistently observed. The Head of the Executive Branch and all members of the Judicial Branch are elected directly by Iranian voters.
Article III Current provincial boundaries shall be complied with. Iran has thirty three provinces : East Azarbaijan, West Azarbaijan, Ardebil, Isfahan, Alborz, Ilam, Baluchestan, Bushehr, Persepolis, Tehran, Chaharmahal and Bakhtiari, Khorasan Razavi, Southern Khorasan, North Khorasan, Khuzestan, Zanjan, Semnan, Sistan, Shiraz, Qazvin, Qom, Kurdistan, Kerman, Kermanshah, Kohgiluyeh and Boyerahmad, Golestan, Gilan, Lorestan, Mazandaran, Central, Hormozgan, Hamedan and Yazd. Each Province shall elect a Provincial Parliament, Provincial Governor, and Provincial Judiciary within the framework of this Constitution. However, the right to form an army and to communicate with other countries shall remain exclusive to the national government.
Article IV Section 1 The sole institution that shall have the power to legislate is the Congress which consists of the House of Representatives and the Senate. Congressional hearings will be open to the public, subject to the priority of protecting national security information. The venue for congressional meetings will only be in the official congress building. Hearings shall be convened with the presence of at least one more than half the members.
Congress shall not enact laws that are inconsistent with the principles of this Constitution. In cases of dispute, the Supreme Court shall be responsible for settling the issue.
Being a member of Congress is a position that belongs to an elected official and shall not be transferable to another person. Congress shall not concede its legislative powers to another individual or group.
Section 2 The Iran House of Representatives shall have 300 members. Each of the 33 provinces has representatives relative to the population of that province. These representatives are elected by direct vote of people for a term of three years. All Iranian citizens above the age of 18 are eligible to vote and all Iranian citizens above the age of 25 are eligible to become candidates for the House of Representatives. Elections of each term shall be held before the end of the previous term to avoid lapses in Congressional activities. The House Speaker and other Congressional leaders will be elected according to the rules specified in the internal regulations. If a Representative fails to complete his/her term for any reason (illness, resignation, death or discharge from duty), early elections shall be held for that constituency. The newly elected representative shall complete the remainder of the term or longer, subject to re-election.
Section 3 Congressional Representatives shall include the House of Representatives members and the Senators. Each shall swear and sign the oath of office at their first session in Congress, as follows: “I, swear in the presence of the people of Iran to protect the Constitution of Iran, to defend national interests and to always serve the Iranian people while fulfilling my duties as their elected Representative.” Representatives may take the oath of office by putting their hand on their own Holy Book if they so choose. Representatives who do not attend the first session upon being elected shall take the oath of office at the first session they attend.
Section 4 The House of Representatives is the only branch that shall have the power to commence impeachment proceedings of the Head of the Executive Branch or the Head of the Judicial Branch. Impeachment of the Head of the Executive Branch requires the approval of two-thirds and that of the Judiciary Head requires the vote of three-fourths of the House. Upon passing, the House shall notify the Senate.
Section 5 The Senate shall consist of 100 Senators. Each of the 33 Provinces shall have three Senators. All Iranian citizens above the age of 18 are eligible to vote and all Iranian citizens above the age of 30 are eligible to become candidates for the Senate. Senators shall be elected for a nine-year term.
Exceptionally, in the first Senate election after the adoption of this Constitution, the term for the candidate with the lowest number of votes from each province shall be three years; the second highest, six years; and, the candidate with the highest vote, nine years.
The Provincial Governor shall appoint a person as Senator if an elected Senator from that Province fails to complete his/her term for any reason. This person shall hold the position until the next three-year election. The elected Senator in this election shall only hold this position until the end of the previous Senator's term.
The Vice President, who has been indirectly elected by the Iranian people along with the President, shall also act as the one hundredth Senator. His/her term shall be three years and he/she shall also act as the President of the Senate. He/she shall manage the prioritization of projects and bills and shall communicate with other branches of government along with the Senate leadership who are elected from Senators in each term.
Section 6 Approval or dismissal of appointments made by the President, including ministers, political, economic, judicial, security and military directors, shall be within the authority of the Senate and shall require 50% plus one vote of the Senate. If the House passes a resolution to impeach the Head of the Executive Branch or the Head of the Judicial Branch, the Senate shall have the sole power to try the impeachment. It is possible to remove the Head of State by A two-thirds majority vote of the Senate shall be required to remove the Head of the Executive Branch and a three-fourths majority vote of the Senate shall be required to remove the Head of the Judicial Branch. The Senate shall only exonerate or, in case of conviction, remove the charged individual from office. It shall not impose penalties on the individual or the affiliated party.
Section 7 The Provincial Legislature shall decide the time, place and manner of holding the Senate and House of Representatives elections in each Province. These elections shall be held under the supervision of the National Electoral Commission.
Section 8 The National Electoral Commission shall have seven official members and thirty three observer members. Official members of the National Electoral Commission are nominated by the President for a five-year term. They shall start their work only after receiving Senate approval. Each Province shall have one member in the National Electoral Commission's Observers Council. They shall be appointed by Provincial Governors to the National Electoral Commission for a five-year term. The law shall specify the duties of the National Electoral Commission and its procedures. Each official or observer member of the National Electoral Commission shall serve one non-renewable term. Observer members shall not vote in this Commission.
Section 9 The House of Representatives and Senate sessions shall be open to the public and these hearings shall be broadcast through the national media to inform the public. Proposed legislation shall pass only if approved by more than half the total members.
In urgent circumstances related to national security, closed sessions may be held upon the request of the President, or nine members of the Senate, or 30 members of the House of Representatives. Legislation arising from closed sessions requires the approval of three-quarters of the Representatives. After the national security issues are resolved and upon such determination by two-thirds of Congress, minutes of these hearings and the resulting legislation shall be published for public consumption.
Section 10 In the performance of their duties, each member of the House of Representatives and the Senate shall be free to vote on issues and comment on them either in Congressional session or outside it. They shall not be subject to legal prosecution for their votes or comments as a member of Congress either during or after their term of office.
Section 11 Congress shall have the power to investigate all matters of the country and the actions of the government and the judiciary.
Section 12 Congress shall have the power to refer for the people's direct vote in a referendum, economic, political, social and cultural issues. A referendum may be requested by the President, or one-third of the House of Representatives, or one-third of the Senate, or one-thirtieth of the eligible voters and shall be conducted if approved by half of the House of Representatives.
Section 13 Congress shall legislate in all matters of the country within the limits prescribed in the Constitution. Setting the government's budget, imposing taxes, receiving domestic and foreign loans, allocating resources for public defense and public assistance shall be within the scope of the legislative authority of the Congress. Bills proposed by the government shall be submitted to the House of Representatives for consideration. Legislative bills shall be proposed by at least 15 members of the House for consideration. The time of the review for each proposed government bill shall be announced to the related ministry and a representative of that ministry shall appear before the House for advisory purposes during the review. Further requirements shall be determined by law. Proposed legislation and amendments that reduce public income or increase public expenditures shall be accompanied by practical solutions for funding them.