Guardian Council
The Guardian Council (also called Council of Guardians or Constitutional Council, Persian: شورای نگهبان, romanized: Shourā-ye Negahbān)[2][3] is an appointed and constitutionally mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran.
This article is about the Iranian deliberative body. For the former Greenlandic guardian councils, see parsissaet.
Guardian Council
since 17 July 1992
12
The constitution of the Islamic Republic gives the council three mandates:
The Iranian constitution calls for the council to be composed of six Islamic faqihs (experts in Islamic Law), "conscious of the present needs and the issues of the day" to be selected by the Supreme Leader of Iran, and six jurists, "specializing in different areas of law, to be elected by the Majlis (the Iranian Parliament) from among the Muslim jurists nominated by the Chief Justice"[9] (who, in turn, is also appointed by the Supreme Leader).[10]
The Council has played a central role in controlling the interpretation of Islamic values in Iranian law in the following ways:
When the 2009 presidential election was announced, popular former president Mohammad Khatami would not discuss his plans to run against Mahmoud Ahmadinejad, for the Council might have disqualified Khatami as it had other reformists' candidatures, on the grounds that they were not dedicated enough to Islamic values.[16][17]
There have also been instances where the Constitutional Council reversed its ban on particular people after being ordered to do so by Khamenei.[18]
Legislative functions[edit]
The Majlis has no legal status without the Constitutional Council.[10] Any bill passed by the Majlis must be reviewed and approved by the Constitutional Council[10][19] to become law.
According to Article 96 of the constitution, the Constitutional Council holds absolute veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws,[20] or being against the constitution. While all the members vote on the laws being compatible with the constitution, only the six clerics vote on them being compatible with Islam.
If any law is rejected, it will be passed back to the Majlis for correction. If the Majlis and the Council of Guardians cannot agree on a case, it is passed up to the Expediency Council for a decision.[21]
The Constitutional Council is uniquely involved in the legislative process, with equal oversight with regards to economic law and social policy, including such controversial topics as abortion. Chapter 6 of the Constitution explains its interworkings with the Islamic Consultative Assembly. Articles 91-97 all fall into the legislative Chapter 6.
Judicial authority[edit]
The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council.[22] Interpretative decisions require a three-quarters majority. The Council does not conduct a court hearing where opposing sides are argued.
Criticism[edit]
Increases the role of the IRGC in everyday politics[edit]
The Council favors military candidates at the expense of reform candidates. This ensures that the ideological Islamic Revolutionary Guard Corps (separate from the Iranian army) holds a commanding influence over the political, economic, and cultural life of Iran.[34]
Arbitrary disqualifications of candidates from elections[edit]
Hadi Khamenei, the brother of Supreme Leader Ali Khamenei and an adviser in the administration of reformist former President Mohammad Khatami, has said the Constitutional Council's vetting of candidates threatens Iranian democracy. He believes some reformist candidates are wrongly kept from running.[35] In 1998, the Constitutional Council rejected his candidacy for a seat in the Assembly of Experts for "insufficient theological qualifications".[36][37]
After conservative candidates fared poorly in the 2000 parliamentary elections, the Council disqualified more than 3,600 reformist and independent candidates for the 2004 elections.[38]
In the run-up to the 2006 Iranian Assembly of Experts election, all female candidates were disqualified.[39]
The Council disqualified many candidates in the 2008 parliamentary elections. One third of them were members of the outgoing parliament it had previously approved.[34] The Iranian Ministry of the Interior reasons for disqualification included narcotics addiction or involvement in drug-smuggling, connections to the Shah's pre-revolutionary government, lack of belief in or insufficient practice of Islam, being "against" the Islamic Republic, or having connections to foreign intelligence services.[34][40][41]
Rigging results after elections in favor of conservatives[edit]
The Guardian Council has been criticized for ousting pro-Reform candidates who had won their elections, without providing legal justification or factual evidence. Examples of such interventions by the Guardian Council are:
Composition[edit]
The Council is composed of Islamic clerics and lawyers.[47] Membership is for phased six-year terms: half the membership changes every three years.
The Supreme Leader (Iran's Head of State) directly appoints the six clerics,[48] and may dismiss them at will.[49] The head of the judicial system of Iran nominates six lawyers for confirmation by the Majlis.[48][50]
On March 13, 2021, the Iranian Constitutional Council officially launched its English service.The English website was inaugurated during the regular monthly press briefing of the spokesman of the Constitutional Council, Abbas-Ali Kadkhodaei, in Tehran. The website, https://www.shora-gc.ir/en, has five main sections: News, Multimedia, Members, Legislation, and the Constitution.