Guardian Council
Encyclopedia
The Guardian Council of the Constitution , also known as the Guardian Council or Council of Guardians, is an appointed and constitutionally-mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran.
The Iranian constitution calls for the council to be composed of six Islamic faqihs(expert 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 Head of the Judicial Power
," (who, in turn, is also appointed by the supreme leader).
It is charged with interpreting the Constitution of Iran
, supervising elections of, and approving of candidates to, the Assembly of Experts
, the President
and the Majlis, and "ensuring ... the compatibility of the legislation passed by the Islamic Consultative Assembly [i.e. Majlis] ... with the criteria of Islam and the Constitution", i.e., as the watchdog of the constitution it can veto any law passed by the Majlis.
The Council has played a central role in allowing only one interpretation of Islamic values to inform Iranian law, as it consistently disqualifies reform-minded candidates—including the most well-known candidates—from running for office, and vetoes laws passed by the popularly elected Majlis. When the 2009 Presidential election was announced, the popular former president, Mohammad Khatami
, would not discuss his plans to run against Mahmoud Ahmadinejad as the Council may disqualify the Muslim cleric as it has other reformist candidates on the grounds that they were not dedicated enough to Islamic values. It has also increased the influence the Islamic Revolutionary Guard (an ideological fighting force separate from the Iranian army
) has on the economic and cultural life of the country.
has no legal status without the Guardian Council.
According to Article 96 of the constitution, the Guardian Council holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws, 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 decide on a case, it is passed up to the Expediency Council for a decision.
The Guardian Council is uniquely involved in the legislative process. Chapter 6 of the Constitution explains its interworkings with the Islamic Consultative Assembly. Articles 91-97 all fall in the legislative Chapter 6.
The Guardian Council interprets the term supervision in Article 99 as "approbation supervision" which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" which does not imply the mentioned approval right. The "evidentiary supervision" , which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article.
in which President Mahmoud Ahmadinejad was elected. The Council had completed a recount of 10% percent of the overall votes in order to appease the citizens of Iran. As the "final authority on the election", the Council has declared the election closed. The certification of the results set off a wave of protests, disregarding the Iranian government's ban on street marches. The Iranian intelligence chief alleged that western and "Zionist" forces were responsible for inciting the protests.
, the brother of Supreme Leader
Ali Khameni and an adviser in the administration of reformist former President Mohammad Khatami, said the Guardian Council's vetting of candidates threatens Iranian democracy. He believes some reformist candidates are wrongly kept from running. In 1998, the Guardian Council rejected Hadi Khamenei's candidacy for a seat in the Assembly of Experts
for "insufficient theological qualifications."
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.
In the run-up to the Iranian Assembly of Experts election, 2006
, all women candidates were disqualified.
The Council disqualified many candidates in the 2008 parliamentary elections. One third of them were members of the outgoing parliament it had previously approved. The Iranian Ministry of the Interior gave nebulous, arbitrary reasons for disqualifying the majority of the candidates, including 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.
ic clerics and lawyers. Membership is for phased six-year terms: half the membership changes every three years.
The Supreme Leader
(Iran's Head of State
) nominates six clerics, and may constitutionally dismiss them at will. The head of the judicial system of Iran
, himself selected by the Supreme Leader, nominates six lawyers for confirmation by the Majlis.
Deputy Chairman:
Other cleric members:
Other lawyer members:
The Iranian constitution calls for the council to be composed of six Islamic faqihs(expert in Islamic Law), "conscious of the present needs and the issues of the day" to be selected by the Supreme Leader of Iran
Supreme Leader of Iran
The Supreme Leader of Iran is the highest ranking political and religious authority in the Islamic Republic of Iran. The post was established by the constitution in accordance with the concept of Guardianship of the Islamic Jurists...
, and six jurists, "specializing in different areas of law, to be elected by the Majlis
Majlis of Iran
The National Consultative Assembly of Iran , also called The Iranian Parliament or People's House, is the national legislative body of Iran...
(the Iranian Parliament) from among the Muslim jurists nominated by the Head of the Judicial Power
Judicial system of Iran
A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era....
," (who, in turn, is also appointed by the supreme leader).
It is charged with interpreting the Constitution of Iran
Constitution of Islamic Republic of Iran
The Constitution of the Islamic Republic of Iran was adopted by referendum on October 24, 1979, and went into force on December 3 of that year, replacing the Constitution of 1906. It was amended on July 28, 1989. The constitution has been called a "hybrid" of "authoritarian, theocratic and...
, supervising elections of, and approving of candidates to, the Assembly of Experts
Assembly of Experts
The Assembly of Experts of Iran , also translated as Council of Experts, is a deliberative body of 86 Mujtahids that is charged with electing and removing the Supreme Leader of Iran and supervising his activities.Members of the assembly are elected from a government-screened list of candidates by...
, the President
President of Iran
The President of Iran is the highest popularly elected official in, and the head of government of the Islamic Republic of Iran; although subordinate to the Supreme Leader of Iran, who functions as the country's head of state...
and the Majlis, and "ensuring ... the compatibility of the legislation passed by the Islamic Consultative Assembly [i.e. Majlis] ... with the criteria of Islam and the Constitution", i.e., as the watchdog of the constitution it can veto any law passed by the Majlis.
The Council has played a central role in allowing only one interpretation of Islamic values to inform Iranian law, as it consistently disqualifies reform-minded candidates—including the most well-known candidates—from running for office, and vetoes laws passed by the popularly elected Majlis. When the 2009 Presidential election was announced, the popular former president, Mohammad Khatami
Mohammad Khatami
Sayyid Mohammad Khātamī is an Iranian scholar, philosopher, Shiite theologian and Reformist politician. He served as the fifth President of Iran from August 2, 1997 to August 3, 2005. He also served as Iran's Minister of Culture in both the 1980s and 1990s...
, would not discuss his plans to run against Mahmoud Ahmadinejad as the Council may disqualify the Muslim cleric as it has other reformist candidates on the grounds that they were not dedicated enough to Islamic values. It has also increased the influence the Islamic Revolutionary Guard (an ideological fighting force separate from the Iranian army
Islamic Republic of Iran Army
The Islamic Republic of Iran Army is the ground force of the Military of Islamic Republic of Iran. In Iran, it is also called Artesh, which is Persian for "army." As of 2007, the regular Iranian Army was estimated to have 465,000 personnel plus around 350,000 reservists for a total of 815,000...
) has on the economic and cultural life of the country.
Legislative functions
The Guardian Council does not introduce bills. Bills are introduced in the Majlis; but any bill passed by the Majlis must be reviewed and approved by the Guardian Council, The MajlisMajlis
' , is an Arabic term meaning "a place of sitting", used in the context of "council", to describe various types of special gatherings among common interest groups be it administrative, social or religious in countries with linguistic or cultural connections to Islamic countries...
has no legal status without the Guardian Council.
According to Article 96 of the constitution, the Guardian Council holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws, 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 decide on a case, it is passed up to the Expediency Council for a decision.
The Guardian Council is uniquely involved in the legislative process. Chapter 6 of the Constitution explains its interworkings with the Islamic Consultative Assembly. Articles 91-97 all fall in the legislative Chapter 6.
Judicial authority
The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council; interpretative decisions require a three-quarters majority of the Council. However, it does not conduct a court hearing where opposing sides are argued.Electoral authority
Since 1991, all candidates of parliamentary or presidential elections, as well as candidates for the Assembly of Experts, have to be qualified by the Guardian Council in order to run in the election. The Council is accorded "supervision of elections".The Guardian Council interprets the term supervision in Article 99 as "approbation supervision" which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" which does not imply the mentioned approval right. The "evidentiary supervision" , which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article.
Role in the 2009 elections
On Monday, June 29, 2009, the Guardian Council certified the results of the controversial electionIranian presidential election, 2009
Iran's tenth presidential election was held on 12 June 2009, with incumbent Mahmoud Ahmadinejad running against three challengers. The next morning the Islamic Republic News Agency, Iran's official news agency, announced that with two-thirds of the votes counted, Ahmadinejad had won the election...
in which President Mahmoud Ahmadinejad was elected. The Council had completed a recount of 10% percent of the overall votes in order to appease the citizens of Iran. As the "final authority on the election", the Council has declared the election closed. The certification of the results set off a wave of protests, disregarding the Iranian government's ban on street marches. The Iranian intelligence chief alleged that western and "Zionist" forces were responsible for inciting the protests.
Increases the role of the army in everyday life
The Council favors military candidates at the expense of reform candidates. This ensures that the ideological Army of the Guardians of the Islamic Revolution (separate from the Iranian army) holds a commanding influence over the political, economic, and cultural life of Iran.Arbitrarily disqualifies candidates from elections
Hadi KhameneiHadi Khamenei
Hojatoleslam Hadi Khamenei is an influential Iranian reformist politician, mojtahed and linguist. He is a key member of the reformist Association of Combatant Clerics, and a former deputy of the Majlis of Iran representing a district in Tehran....
, the brother of Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
Ali Khameni and an adviser in the administration of reformist former President Mohammad Khatami, said the Guardian Council's vetting of candidates threatens Iranian democracy. He believes some reformist candidates are wrongly kept from running. In 1998, the Guardian Council rejected Hadi Khamenei's candidacy for a seat in the Assembly of Experts
Assembly of Experts
The Assembly of Experts of Iran , also translated as Council of Experts, is a deliberative body of 86 Mujtahids that is charged with electing and removing the Supreme Leader of Iran and supervising his activities.Members of the assembly are elected from a government-screened list of candidates by...
for "insufficient theological qualifications."
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.
In the run-up to the Iranian Assembly of Experts election, 2006
Iranian Assembly of Experts election, 2006
The Iranian Assembly of Experts election of 2006 was held on December 15, 2006. People elected representatives for the Assembly of Experts, the mujtahid that elect the Supreme Leader....
, all women candidates were disqualified.
The Council disqualified many candidates in the 2008 parliamentary elections. One third of them were members of the outgoing parliament it had previously approved. The Iranian Ministry of the Interior gave nebulous, arbitrary reasons for disqualifying the majority of the candidates, including 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.
Rule by unelected leaders
This unelected Council frequently vetoes bills passed by the popularly-elected legislature. It repeatedly vetoes bills in favor of women’s rights, electoral reform, the prohibition of torture and ratification of international human rights treaties.Composition
The Council is composed of IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic clerics and lawyers. Membership is for phased six-year terms: half the membership changes every three years.
The Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
(Iran's Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
) nominates six clerics, and may constitutionally dismiss them at will. The head of the judicial system of Iran
Judicial system of Iran
A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era....
, himself selected by the Supreme Leader, nominates six lawyers for confirmation by the Majlis.
Membership
Council Chairman:- Ayatollah Ahmad JannatiAhmad JannatiAyatollah Ahmad Jannati Massah is a hardline Iranian politician, fundamentalist Shi'i cleric and a founding member of Haghani school with close ties with Mahmoud Ahmadinejad and Mesbah-Yazdi...
(a cleric)
Deputy Chairman:
- Abbasali Kadkhodai (a lawyer)
Other cleric members:
- Mahmoud Hashemi ShahroudiMahmoud Hashemi ShahroudiGrand Ayatollah Seyyed Mahmoud Hashemi Shahroudi is a moderate Iraqi-Iranian politician and Twelver Shi'a Marja. Hashemi Shahroudi was the leader of the Supreme Council for the Islamic Revolution in Iraq, which has caused objections to his serving as the head of Iran's Judiciary System upon his...
- Mohammad Reza Modarresi-YazdiMohammad Reza Modarresi-YazdiAyatollah Mohammad Reza Modarresi-Yazdi is one of the 12 members of the Guardian Council of the Islamic Republic of Iran.- References :...
- Mohammad MomenMohammad MomenAyatollah Mohammad Momen is a Faqih and a very influential member of the Guardian Council of the Islamic Republic of Iran.- Influence in government :...
- Gholamreza RezvaniGholamreza RezvaniAyatollah Gholamreza Rezvani is a member of the powerful Council of Guardians in the Islamic Republic of Iran. He believes in literal interpretation of Quran, hadith, and sunnah and has argued that there is "no substitute" for stoning adulterers.-See also:...
- Mohammad YazdiMohammad YazdiAyatollah Mohammad Yazdii is an Iranian cleric who served as the head of Judiciary System of Iran between 1989 and 1999, following Ayatollah Abdolkarim Mousavi Ardebili and succeeded by Ayatollah Mahmoud Hashemi Shahroudi....
Other lawyer members:
- Mohammad Reza Alizadeh
- Ebrahim AziziEbrahim AziziEbrahim Azizi is an Iranian politician.He was a member and spokesman of the Guardian Council. He also served as a representative of Kermanshah in the Iranian parliament.-References:...
- Gholamhossein Elham (spokesman)
- Mohsen Esmaili
- Abbas Ka'biAbbas Ka'biAyatollah Abbas Ka'bi Nasab is one of the 12 members of the Guardian Council of the Islamic Republic of Iran. He simultaneously holds a seat in the Assembly of Experts.-External links:...
External links
- Detailed article on the Guardian Council from Encyclopaedia Iranica
- The official website of the Guardian Council (in Persian)
- Photos of members from official website (in Persian)
- Iran's Silent Coup 12 January 2004