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The Expediency Discernment Council of the System (EDCS) was
established on February 6, 1988 upon the orders of Imam Khomeini
to overcome the differences of views between the Islamic
Consultative Assembly (Majlis) and the Council of Guardians.
Article 112 of the 1989 amended Constitution states:
"The Majma-e- Tashkhis-e- Maslahat-e Nezam (Expediency
Discernment Council of the System) shall be convened at the
order of the Leader to determine such expedience in cases where
the Council of Guardians finds an approval of the Majlis against
the principles of Sharia (religious law) or the Constitution,
and the Majlis in view of the expedience of the System is unable
to satisfy the Council of Guardians, as well as for consultation
in matters referred to it by the Leader, and for discharging
other functions laid down in this law.
"The permanent and mutable members of this Majma shall be
appointed by the Leader.
"Regulations related to the Majma shall be prepared and approved
by the members of the Majma itself and ratified by the Leader."
On March 18, 1997, Ayatollah Seyed Ali Khamenei appointed 27 new
members for five years and Hojjatoleslam Akbar Hashemi
Rafsanjani as the Chairman of the EDCS thus opening a new window
to the functions of the Council.
The functions of the EDCS are as follows:
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Making decisions in those cases where the ratifications of
the Islamic Consultative Assembly are not confirmed by the
Council of Guardians, and where the deputies insist on the
implementation of the ratifications.
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Consultation in those matters referred thereto by the
Leader.
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Selection of a faqih (clerical Islamic jurist) member of the
Council of Guardians of the Constitution as a member of the
Leadership Council, in accordance with Article 111 of the
Constitution.
Article 111 states:
"In case the Leader is unable to carry out his legal functions,
or loses one of his qualifications mentioned in Article 5 and
Article 109, or if it transpires that he did not qualify some of
the conditions form the very beginning, he shall be dismissed
from his position.
"Such decision shall be made by the Khobregan (Assembly of
Experts) mentioned in Article 108.
"In the case of death, resignation or dismissal of the Leader,
the Khobregan shall be required to determine and declare the new
Leader at the earliest. As long as the Leader is not declared, a
council composed of the President, Head of the Judiciary and one
of the Faqihs (jurisconsults) of the Council of Guardians chosen
by the Majma-e- Tashkhis-e- Maslahate-e- Nezam shall
collectively discharge the functions of the Leader on a
temporary basis. If one of them is not able to discharge his
duties for any reason whatsoever during this period, another
person shall be appointed by the Majma in his place, maintaining
the majority of the Faqihs in the council.
"This council shall proceed with the discharge of the duties set
out in paragraphs 1, 3, 5 and 10, and sub-paragraphs (d), (e)
and (f) of paragraph 6, Article 110 hereof, after approval by
three-fourths of the members of the
Majma-e-Tashkis-e-Maslahat-e- Nezam.
"If the Leader is temporarily unable to discharge the functions
of the Leader as a result of sickness or other accidents, the
council mentioned in this article shall discharge his functions
during such period."
6. Membership of the permanent members of the EDCS in the
Constitutional Revision Council, in accordance with paragraph 3
of Article 177 of the Constitution.
7. Ratification of the laws passed by the Leadership Council, in
accordance with Article 111 of the Constitution.
ayatollah Khamenei's Decree Concerning the Duties of the
Members of the Expediency Discernment Council of the System
In the Name of God, the Merciful, the Compassionate
The Expediency Discernment Council which was formed upon the
initiative of the late Imam Khomeini (peace be upon him) and
later included as an article in the Constitution of the Islamic
Republic thanks to the wisdom and foresight of those revising
the Law, is one of the best legal organs established in the
Islamic Republic ever since its inception. This is a lasting and
blessed institution which was created by the great Leader of the
Islamic Republic thanks to his keen sagacity and broader scope
of things at a time that the country needed such a Council and
with its invention the supreme administrative system of the
country was complemented.
According to the Constitution, this Council acts as the trusted
advisor of the Leader in shaping the general policies of the
System and solving major disputes and differences which occur
among the executive, judiciary and legislative powers. Moreover,
when the Islamic Consultative Assembly and the Council of
Guardians differ on a bill, the Expediency Council steps forward
and solves their difference. Therefore, with an eye to the
duties and responsibilities of the Expediency Discernment
Council prescribed in the Constitution, this Council acts as the
highest advisor of the Leader in the Islamic Republic System.
In the past years, the Expediency Discernment Council has
rendered valuable services to the nation when there have been
differences between the Majlis and the Council of Guardians
regarding the Majlis approvals, and has issued appropriate
verdicts concerning numerous cases that I have referred to them.
Now that with the widespread participation of the nation in all
the political, social and economic arenas and with the endeavors
of the officials and administrators of the executive, judiciary
and legislative powers, the sacred Islamic Republic System has
been firmly established and has found a commendable dignity, it
is appropriate for the Expediency Discernment Council to fully
discharge its duties and responsibilities and act as a senior
advisor to the Leadership. For this reason besides the present
members, it would be appropriate to appoint other senior
politicians and clerics to enable the Council to discharge its
important task in shaping the general policies of the System and
to examine all important problems that are normally faced by the
country.
Therefore, the new makeup of the Expediency Discernment Council
of the System is declared as follows:
1. The legal personalities are:
a. The esteemed heads of the three powers.
b. The prominent jurisconsults of the Council of Guardians.
c. The minister concerned depending on the subject under
discussion
2. The real personalities are: Messrs. Hashemi Rafsanjani,
Mahdavi Kani , Amini Najafabadi, Vaez Tabasi, Ahmad Jannati,
Mohammad Emami Kashani, Hassan Habibi, Mir Hussein Mousavi, Dr.
Ali Akbar Velayati, Mohammad Rey Shahri, Haj Sheikh Hassan
Sanei, Hassan Rowhani, Mohammad Mousavi Khoeiniha, Habibollah
Asqar Owladi, Qorbanali Dorri Najafabadi, Ali Larijani, Mostafa
Mirsalim, Mohammad Reza Tavassoli Mahallati, Abdollah Nouri,
Morteza Nabavi, Dr. Hassan Firouzabadi, Gholamreza Aqazadeh,
Bijan Namdar Zanganeh, Mohammad Hashemi, and Mohsen Nourbakhsh.
All these members have been appointed for a five year period and
the head of the Council will be Mr. Hashemi Rafsanjani.
The Expediency Discernment Council should have an active and
significant secretariat to prepare the cases that are to be
discussed in the sessions and to make necessary arrangements.
Its head should be from among the members of the council and its
liaison officer to be appointed by me, whenever necessary.
The Council is duty bound to draw up, in its early sessions some
comprehensive regulations pertaining to the manner of formation
of sessions, putting forward and approval of subject matters, as
well as other details, and then send the same to me for my
approval.
For this eminent institution to be able to discharge its
important duties particularly in the matter of general policy
making of the country, it should benefit from the latest
expertise of the governmental responsible agencies and at the
same time must avoid setting up parallel expert groups.
I pray to God the Almighty for the success of these gentlemen in
fulfilling their important duties.
Seyed Ali Khamenei
March 18, 1997 |