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Guardian Council

Coordinates:35°41′16.36″N51°24′4.35″E / 35.6878778°N 51.4012083°E /35.6878778; 51.4012083
From Wikipedia, the free encyclopedia
Regulatory body in the Islamic Republic of Iran
This article is about the Iranian deliberative body. For the former Greenlandic guardian councils, seeparsissaet.
Guardian Council

شورای نگهبان

Shourā-ye Negahbān
Coat of arms or logo
Type
Type
Leadership
Secretary
Ahmad Jannati
since 17 July 1992
Structure
Seats12
By faction
By party
Political groups
By faction
By party
Meeting place
Tehran,Iran
Website
www.shora-gc.irEdit this at Wikidata
Government of Iran
Local government
Related topics

TheGuardian Council (also calledCouncil of Guardians orConstitutional Council,Persian:شورای نگهبان,romanized: Shourā-ye Negahbān)[1][2] is a 12-member council that wields considerable power and influence in theIslamic Republic of Iran.

Per theConstitution of Iran, the council has three mandates, namely having a veto power over legislation passed by theIslamic Consultative Assembly, supervising elections, and approving or disqualifying candidates seeking to run in local, parliamentary, presidential, or Assembly of Experts elections.

The Council is composed ofIslamic clerics and lawyers. Membership is for phased six-year terms: half the membership changes every three years. TheSupreme Leader of Iran directly appoints the six clerics, and may dismiss them at will. TheChief Justice of Iran nominates six lawyers for confirmation by the Islamic Consultative Assembly.


Powers

[edit]

The constitution of the Islamic Republic gives the council three mandates:

a) veto power over legislation passed by theIslamic Consultative Assembly;[3][4][5]
b) supervision of elections;[6][3] and
c) approving or disqualifying candidates seeking to run in local, parliamentary, presidential, or Assembly of Experts elections.[6][3][7]

The Council has played a central role in controlling the interpretation of Islamic values in Iranian law in the following ways:

  • As part of its vetting of potential candidates to determine who can and cannot run for national office,[7] it has disqualified reform-minded candidates—including the most well-known candidates—from running for office;[8]
  • Vetoes laws passed by the popularly elected Majlis.[9][10]
  • Has increased the influence that theIslamic Revolutionary Guard Corps (an ideological fighting force separate from theIranian army) has on the economic and cultural life of the country.[11][12]

There have also been instances where the Constitutional Council reversed its ban on particular people after being ordered to do so by Khamenei.[13]

Legislative functions

[edit]

TheIslamic Consultative Assembly has no legal status without the Constitutional Council.[14] Any bill passed by the Assembly must be reviewed and approved by the Constitutional Council[14][15] to become law.

According to Article 96 of theconstitution, the Constitutional Council holds absolute veto power over all legislation approved by the Assembly . It can nullify a law based on two accounts: being against Islamic laws,[16] 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 theExpediency Council for a decision.[17]

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 asabortion. 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 aconstitutional court. The authority to interpret the constitution is vested in the Council.[18] Interpretative decisions require a three-quarters majority. The Council does not conduct a court hearing where opposing sides are argued.

Electoral authority

[edit]

Since 1991, all candidates of parliamentary or presidential[19] elections, as well as candidates for the Assembly of Experts, have to be qualified by the Constitutional Council in order to run in the election. For major elections, it typically disqualifies most candidates, as seen in the 2009 election, where out of the 476 men and women applied to the Constitutional Council to seek the presidency, only four were approved.[20]

The Council is accorded "supervision of elections".[21][22] The Constitutional Council interprets the termsupervision in Article 99 of theIranian Constitution as "approbation supervision" (Persian:نظارت استصوابی,nezārat-e estesvābī)[23] which implies the right to accept or reject the legality of elections and the competency of candidates. This interpretation is in contrast with the idea of "notification supervision" (Persian:نظارت استطلاعی,nezārat-e estetlā‘ī) which does not imply the mentioned approval right.[24] The "evidentiary supervision" (Persian:نظارت استنادی,nezārat-e estenādī), which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article.[25][26]

Composition

[edit]

The Council is composed ofIslamic clerics and lawyers.[27] The Iranian constitution calls for the council to be composed of six Islamicfaqihs (experts in Islamic Law), "conscious of the present needs and the issues of the day" to be selected by theSupreme Leader of Iran, who may dismiss them at will,[28] and six jurists, "specializing in different areas of law, to be elected by the Majlis from among the Muslim jurists nominated by theChief Justice"[29] (who, in turn, is also appointed by the Supreme Leader).[30][31] Membership is for phased six-year terms: half the membership changes every three years.[31][28]

Criticism

[edit]

Role in the 2009 elections

[edit]
Further information:Iranian presidential election, 2009

When the 2009 presidential election was announced, popular former presidentMohammad Khatami would not discuss his plans to run againstMahmoud 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.[32][33]

On 29 June 2009, the Constitutional Council certified the results of thecontroversial election in which PresidentMahmoud Ahmadinejad was elected.[34] The Council had completed a recount of 10 per cent of the overall votes in order to appease the citizens of Iran.[35] As the "final authority on the election", the Council has declared the election closed.[36] The certification of the results set off a wave of protests, disregarding the Iranian government's ban on street marches.[34]

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 ideologicalIslamic Revolutionary Guard Corps (separate from the Iranian army) holds acommanding influence over the political, economic, and cultural life of Iran.[37]

Arbitrary disqualifications of candidates from elections

[edit]

Hadi Khamenei, the brother of Supreme LeaderAli 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.[38] In 1998, the Constitutional Council rejected his candidacy for a seat in theAssembly of Experts for "insufficient theological qualifications".[39][40]

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.[41]

In the run-up to the2006 Iranian Assembly of Experts election, all female candidates were disqualified.[42]

The Council disqualified many candidates in the 2008 parliamentary elections. One third of them were members of the outgoing parliament it had previously approved.[37] 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.[37][43][44]

Rule by unelected leaders

[edit]

This unelected Council frequently vetoes bills passed by the popularly elected legislature.[42] It repeatedly vetoes bills that are in favour of women’s rights, electoral reform, the prohibition of torture and ratification of international human rights treaties.[41]

Rigging results after elections in favor of conservatives

[edit]

The Guardian Council has been criticized for oustingpro-Reform candidates who had won their elections, without providing legal justification or factual evidence. Examples of such interventions by the Guardian Council are:

Membership

[edit]

Current members

[edit]

  Principlists/Conservatives

Clerics
NameSeat upRef
Ahmad Jannati(Secretary)2028[50]
Mehdi Shabzendedar Jahromi2028[50]
Mohammad-Reza Modarresi Yazdi2028[50]
Ahmad Hosseini Khorasani2031[50]
Alireza Arafi2031[50]
Ahmad Khatami2031[50]
Jurists
NameSeat upRef
Siamak Rahpeyk(Vice Secretary)2028[50]
Abbas-Ali Kadkhodaei2028[50]
Kheyrollah Parvin2028[50]
Gholamreza Molabeygi2031[50]
Behzad Pourseyyed2031[50]
Hadi Tahan Nazif(Spokesman)2031[50]

Historic membership

[edit]
NamePeriod
1980–861986–921992–981998–042004–102010–162016–222022–
ClericsAhmad JannatiYes
Mohammad MomenN/aYesN/a
Mohammad Emami KashaniN/aYesN/a
Gholamreza RezvaniN/aYesN/a
Abolghasem KhazaliN/aYesN/a
Mahmoud Hashemi ShahroudiN/aYesN/a
Abdolrahim Rabbani ShiraziYesN/a
Lotfollah Safi GolpayganiYesN/a
Yousef SaneiYesN/a
Mohammad Reza Mahdavi KaniYesN/a
Mohammad Mohammadi GilaniN/aYesN/a
Reza OstadiN/aYesN/a
Mohammad-Hassan GhadiriN/aYesN/a
Hassan Taheri KhorramabadiN/aYesN/a
Mohammad YazdiN/aYesN/a
Mohammad Reza Modarresi-YazdiN/aYes
Mohammad Mehdi Rabbani-AmlashiYesN/a
Sadegh LarijaniN/aYesN/aYes (until 2021)N/a
Mehdi Shabzendedar JahromiN/aYes
Alireza ArafiN/aYes
Ahmad KhatamiN/aYes
Ahmad Hosseini KhorasaniN/aYes
JuristsMohsen HadaviYesN/a
Mehdi HadaviYesN/a
Mohammad SalehiYesN/a
Ali AradYesN/aYesN/a
Hossein MehrpourYesN/a
Goudarz Eftekhar JahromiYesN/a
Jalal MadaniN/aYesN/a
Khosro BijaniYesN/a
Hassan FakheriN/aYesN/a
Mohammad Reza AlizadehN/aYesN/a
Hassan HabibiN/aYesN/a
Ahmad AlizadehN/aYesN/a
Mohammad Reza AbbasifardN/aYesN/a
Reza Zavare'iN/aYesN/a
Ebrahim AziziN/aYesN/a
Abbas-Ali KadkhodaeiN/aYesN/aYes
Gholamhossein ElhamN/aYesN/a
Abbas Ka'biN/aYesN/a
Mohsen EsmaeiliN/aYesN/a
Mohammad SalimiN/aYesN/a
Siamak RahpeykN/aYes
Hossein-Ali AmiriN/aYesN/a
Sam SavadkouhiN/aYesN/a
Nejatollah EbrahimianN/aYesN/a
Fazlollah MousaviN/aYesN/a
Mohammad DehghanN/aYes (until 2021)N/a
Mohammad-Hassan Sadeghi MoghaddamN/aYes (until 2025)
Hadi Tahan NazifN/aYes
Gholamreza MolabeygiN/aYes (from 2021)Yes
Kheyrollah ParvinN/aYes
Behzad PourseyyedN/aYes (from 2025)
Note: Each period represents a six-year term from July to June and the number of members in a given period may exceed the maximum twelve-members quota because of the random rotations prescribed in the law.[51]

See also

[edit]

References

[edit]
  1. ^Sandhu, Deep; Schirazi, Asghar (2003)."GUARDIAN COUNCIL". InSandhu, Deep (ed.).Encyclopædia Iranica. Vol. XI. New York, NY: Encyclopaedia Iranica Foundation. pp. 379–382.ISBN 0933273711.
  2. ^"Council of Guardians | Definition, Role, Selection, & History".Encyclopedia Britannica. Retrieved2021-03-17.
  3. ^abc"THE GUARDIAN COUNCIL".Iran Data Portal. Political Institutions. Retrieved7 September 2022.
  4. ^Article 98 of the constitution
  5. ^Articles 96 and 94 of the constitution.
  6. ^abArticle 99 of the constitution
  7. ^abThe Guardian Council Expands Power: Election Monitoring Boards, Arseh Sevom,Arseh Sevom, Feb 18, 2020. Retrieved February 24, 2020.
  8. ^https://www.atlanticcouncil.org/blogs/iransource/factbox-irans-2020-parliamentary-elections/, Arash Azizi,Atlantic Council, February 14, 2020. Retrieved February 24, 2020.
  9. ^Whose Iran?,Laura Secor,The New York Times, January 28, 2007. Retrieved September 22, 2008.
  10. ^Iran: Voices Struggling To Be Heard, U.S. Department of State Fact Sheet, April 9, 2004. Retrieved September 22, 2008.
  11. ^"The Revolutionary Guards' Role in Iranian Politics".Council on Foreign Relations. Retrieved2022-09-21.
  12. ^"Iran Guards wield electoral power behind scenes".Reuters. 2013-06-04. Retrieved2022-09-21.
  13. ^Staff; agencies (24 May 2005)."Iran reverses ban on reformist candidates".The Guardian.
  14. ^ab"خانه ملت".mellat.majlis.ir. Archived fromthe original on 5 July 2009. Retrieved11 January 2022.
  15. ^IRANIAN LEGISLATURE APPROVES FUNDS FOR GASOLINE IMPORTSArchived 2006-11-01 at theWayback Machine provides an example the need for approval of the Guardian Council.
  16. ^Article 4Archived 2006-12-09 at theWayback Machine
  17. ^Article 112Archived 2006-12-09 at theWayback Machine
  18. ^Article 98Archived 2006-12-09 at theWayback Machine
  19. ^Article 110 Clause 9Archived 2006-12-09 at theWayback Machine
  20. ^Eqbali, Aresu (29 May 2009)."Iranian women need more rights: candidate's wife".AFP. Archived fromthe original on May 25, 2012. Retrieved25 June 2009.
  21. ^Article 99Archived 2006-12-09 at theWayback Machine
  22. ^خانه ملتArchived 2006-10-11 atarchive.today
  23. ^"سايت اطلاع رساني شوراي نگهبان/آشنايي با شوراي نگهبان".shora-gc.ir.
  24. ^"magiran.com: نشريه حقوق اساسي، شماره 21".magiran.com.
  25. ^Mellat Electronic NewspaperArchived May 3, 2007, at theWayback Machine
  26. ^"Iran Newspaper".www.irannewspaper.ir. Archived fromthe original on 16 May 2007. Retrieved6 June 2022.
  27. ^"irisn.com". Portal.irisn.com. Archived fromthe original on 2010-12-03. Retrieved2010-08-21.
  28. ^abArticle 110Archived 2006-12-09 at theWayback Machine
  29. ^"Iranian Government Constitution, English Text". Manou & Associates, Inc. Archived fromthe original on 2011-06-17.
  30. ^"Iranian Government Constitution, English Text". Manou & Associates, Inc. Archived fromthe original on 2011-06-17.
  31. ^abArticle 91Archived 2006-12-09 at theWayback Machine
  32. ^Khatami reluctant to discuss candidacyArchived 2009-04-27 at theWayback Machine, Maryam Sinaiee,The National, September 21, 2008.
  33. ^Split hard-liners hold Iran parliament, AP viaUSA Today, March 16, 2008.
  34. ^abMichael Slackman (June 29, 2009). "Iran Council Certifies Disputed Election Results".The New York Times.
  35. ^"Lebanon's President congratulates Admadinejad on re-election". Washington TV. June 30, 2009. Archived fromthe original on July 16, 2011. RetrievedJune 30, 2009.
  36. ^"Iran Electoral Body: Won't Accept More Election Objections". EasyBourse. June 30, 2009. RetrievedJune 30, 2009.[permanent dead link]
  37. ^abcThe Revolutionary Guards' Role in Iranian PoliticsArchived 2016-11-04 at theWayback Machine,Ali Alfoneh,Middle East Quarterly, Fall 2008; accessed via AEI's website on September 22, 2008.
  38. ^"Khamenei's brother attacks reformist purge".BBC News. 2000-01-12. Retrieved2009-07-28.
  39. ^A. William Samii (2000-01-17)."Candidates rejected and Guardians Criticized".Radio Free Europe/Radio Liberty Iran Report. Retrieved2009-07-28.
  40. ^"Iranian Elections, 1997-2001".PBS. Retrieved2009-07-28.
  41. ^ab"Overview of Human Rights Issues in Iran".Human Rights Watch. 2005-01-13. Archived fromthe original on 2013-04-14. Retrieved2009-07-28.
  42. ^abThe Iranian Regime: Human Rights and Civil Liberties Under Siege, U.S. State Department Fact Sheet, April 18, 2007. Retrieved September 23, 2008.
  43. ^"GUARDIAN COUNCIL".Encyclopaedia Iramica. Retrieved7 September 2022.
  44. ^"Iran elections: Everything you need to know about June presidential vote".Middle East Eye. 11 June 2021. Retrieved7 September 2022.
  45. ^abSamii, Bill (19 June 2000),"Iran Report",Radio Free Europe/Radio Liberty, vol. 3, no. 24
  46. ^Sahimi, Muhammad (11 August 2009),Patriots and Reformists: Behzad Nabavi and Mostafa Tajzadeh, Tehran Bureau
  47. ^Erdbrink, Thomas (11 May 2016),"She Won a Seat in Iran's Parliament, but Hard-Liners Had Other Plans",The New York Times
  48. ^"ابطال آرای حوزه بندرلنگه‌ و بستک". 2016-05-21. Archived fromthe original on 21 May 2016. Retrieved2022-04-01.
  49. ^"نتيجه نهايي مرحله دوم انتخابات مجلس در حوزه انتخابيه اهر و هریس".خبرگزاری مهر | اخبار ایران و جهان | Mehr News Agency (in Persian). 2016-04-30. Retrieved2022-04-01.
  50. ^abcdefghijkl"اعضای شورای نگهبان".
  51. ^Yasmin Alem (2011),Duality by Design: The Iranian Electoral System, Washington, D.C.: International Foundation for Electoral Systems (IFES), p. 19,ISBN 978-1-931459-59-4

External links

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