GUARDIAN COUNCIL

 

Motions and bills passed by the Majlis do not automatically become law. The constitution has provided for a constitutional council of sages known as the Council of Guardians of the Constitution (Shora-ye Negahban-e Qanun-e Assassi, Articles 91-99). The Gu ardian Council, as it is known for short, is in effect an upper house of parliament with the power to vote out the lower house's resolutions. It is assigned to check the laws passed by the Majlis, compare them with the provisions of the Islamic canon and the constitution, and ratify them, or return them to the House for being amended.

The council has 12 members. Six are clerical Islamic canonists and six others are civilian jurists. The first group of six is appointed by the leader, or the Leadership Council, and the second group is elected by the Majlis from among candidates nominated by the Supreme Judicial Council.

Members of the Guardian Council serve a six-year term. Only in the first term, however, half of its members, as determined by lots, were changed after three years. The leader is empowered to reinstate the Islamic canonist members of the council after thei r six-year term is over. Article 93 of the constitution has emphasized that the Majlis does not hold any legal status, if the Guardian Council has not yet been formed, except for the purpose of approving the credentials of the MPs and the election of six jurists to the Guardian C ouncil.

POWERS AND FACTIONS

The Majlis is required to forward all its resolutions to the Guardian Council. The council will announce its opinion on them within no more than 10 days. It may, however, request more time if necessary.

Regarding the compatibility of the legislation with Islamic provisions, only the opinion of a majority of the six Islamic canonists of the council is valid, but concerning their constitutionality the opinion of the majority of all members will hold. The c ouncil members are required to attend Majlis debates on urgent bills.

The Guardian Council also has the duty of interpreting the constitutional provisions, and its opinions in this regard are valid by a majority of three-fourths of its members. Other duties of the council include supervision of the presidential elections, g eneral elections and referenda.

 
 
 

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