Persian Empire 1845

Chapter 583 Constitutionalism
Amidst everyone's anticipation, on January 1, 1870, Nasser al-Din officially signed the Charter of Iran in Baghdad, promulgating the law for parliamentary elections.

The charter stipulates that Iran is a constitutional monarchy with Shia Islam as the state religion. The Shah is the head of state and supreme commander of the armed forces. He has the power to approve laws, appoint the prime minister and ministers, conclude treaties, declare war and make peace, pardon criminals, and retains direct control over the military, diplomacy, and religious funds.

Chapter 4 of the Charter guarantees citizens' rights to freedom of speech, freedom of association, and other rights. All citizens, regardless of ethnicity, tribe, or origin, are equal before the law. It also guarantees personal freedom, property rights, freedom of religion (limited to religions recognized by Iran), and cultural autonomy, provided that these rights are preserved under relevant laws.

Furthermore, the charter stipulates that national military service and tax payment are obligations, and freedom of speech and publication must not violate religious doctrines or national security.

Chapter 3 stipulates the establishment of the Imperial Diet, transforming the Council of Experts into the Upper House of the Imperial Diet, and adding a Lower House that requires elections.

One-third of the members of the Senate are appointed by the Shah, and these members should be outstanding individuals who have made significant contributions to the country in the fields of science, art, military, administration, and commerce. One-third are indirectly elected by the provincial assemblies, ensuring that each province has at least one representative. The remaining one-third are members of the nobility. Their terms of office are life and eight years respectively.

The lower house is elected for a four-year term and is eligible for re-election. Voting rights have been changed to require males aged 25 or older who pay more than 15 riyals in taxes annually or own real estate worth 2000 riyals.

The seats also include reserved religious seats, with three for the Eastern Orthodox Church, four for the Armenian Church, two for Zoroastrianism, and one each for Judaism, Eastern Orthodox Church, and Catholicism, totaling 12 seats. Including the other seats, the lower house has a total of 350 seats.

The Imperial Diet possesses the power of consent to laws, and any provisions concerning the rights and obligations of citizens that are subject to legal reservations cannot be altered without its consent. Furthermore, the Imperial Diet has the power to propose bills and approve budgets, and can oversee executive power through budget review. Additionally, it conditionally possesses the power to submit memorials and make recommendations.

However, as a legislative auxiliary body, Parliament requires the Shah's permission and the Minister of State's signature when enacting laws. Furthermore, the Shah retains the authority to issue emergency decrees and independence orders.

In the judicial sphere, a dual system of secular and religious courts is employed. Secular courts adjudicate civil and criminal cases, while religious courts handle marriage, inheritance, and religious affairs. The Supreme Court, composed of six secular judges and six religious judges appointed by the Shah, adjudicates the constitutionality of laws.

In terms of government, the Grand Vizier remains the head of government, holding the top position among the ministers of state, but his status is equal to that of the other ministers. At the same time, the Grand Vizier is renamed Prime Minister, and a Deputy Prime Minister is appointed to assist the Prime Minister in handling state affairs. The Deputy Prime Minister is nominated by the Prime Minister and approved by the Shah, and can also concurrently serve as a minister in a ministry.

As an institution to check and balance the cabinet, the Shah also established the Privy Council and other agencies. In addition, there were numerous deliberative bodies such as the Council of Senior Ministers and the Royal Council. The authority between the royal family and the government was clearly defined, with neither side interfering with the other; when necessary, the Shah's private secretary would handle the matter.

The news of the signing of the Iranian Charter spread like wildfire across Iran. The streets of Tehran were packed with jubilant crowds waving green flags symbolizing Shia Islam, copying the text of the Charter onto walls and leaflets, and spreading the news of this momentous occasion that "ends tyranny and enlightens the people." However, before the wave of celebration had subsided, real obstacles to implementing the reforms began to emerge. In mid-January, preparations for the lower house elections officially began, and the newly established provincial election committees were immediately embroiled in controversy.

In Isfahan, local nobles demanded that the property threshold for voter eligibility be raised from 2000 riyals to 5000 riyals, arguing that "low-net-worth individuals lack political judgment and are easily swayed." This proposal was met with strong opposition from the business class, with the Tehran Chamber of Commerce uniting merchants from 12 provinces to strike for three days, displaying banners on their shops proclaiming "The charter is a contract, inviolable," forcing the election commission to maintain the original standard.

Meanwhile, political parties became active, with the four largest—the Progressive Party, the Revival Party, the Liberal Party, and the Whig Party—aiming to win the most seats in the March election. Newspapers were publishing the latest news, leaving no stone unturned.

The religious community's attitude towards the charter is more complex. Senior Shia Ayatollahs acknowledge the provision regarding the state religion's status, but harbor doubts about the division of authority among religious courts. Several religious scholars jointly petitioned the Shah, demanding the expansion of religious courts' jurisdiction over civil cases, arguing that marriage and inheritance matters are closely linked to religious doctrine and should not be subject to interference from secular power.

In contrast, minority religious leaders were satisfied with retaining their seats. The Armenian Archbishop personally visited the palace to express his gratitude and promised to mobilize believers to support the new regime; Jewish rabbis began preparing voter registration, hoping to elect representatives who could truly represent the interests of the Jewish community.

Ahead of the parliamentary elections, cabinet reshuffling became the top priority. Musharraf was ordered to reorganize the government, with most departments remaining unchanged, and Finance Minister Shahryari concurrently serving as First Deputy Prime Minister.

The newly added departments were filled by personnel from the existing departments, with the most important being the deputy ministers. The deputy minister of industry and commerce, Sadiq, was directly appointed as the minister of construction. The minister of colonization was originally the deputy minister of the navy, the minister of water conservancy was the deputy minister of agriculture and forestry, the minister of health was the former director of the Tehran Central Hospital, and the minister of religious affairs was, naturally, Saeed Ali Muhammad, personally nominated by Nasser al-Din, the same man who spoke freely in the Tabriz court.

This charter was compiled by referring to the laws of more than a dozen countries. Although there are many draft constitutions in the public, Naserdin believes that many drafts "mistake the writings of liberal extremists in Britain, the United States and France as golden rules and attempt to subvert the ruling order of the country."

The rule of law cannot be established simply by enacting a set of laws modeled after those of great powers. On the other hand, a segment of conservatives within Iran also desires an absolute monarchy, but such ideas deviate from the true purpose of establishing a constitution.

Therefore, finding a constitution suitable for the current situation is crucial. This requires uniting the nation under the leadership of Shah, granting parliament certain powers, and balancing the power of various factions. These are the fundamental conditions for the charter's creation. Nasser al-Din also hopes this charter will stabilize the country; as for the rest, he'll take it one step at a time.

(End of this chapter)