Guardian Council

Powers

The constitution of the Islamic Republic gives the council three mandates: :a) veto power over legislation passed by the Islamic Consultative Assembly; :b) supervision of elections; and :c) approving or disqualifying candidates seeking to run in local, parliamentary, presidential, or Assembly of Experts elections. 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, it has disqualified reform-minded candidates—including the most well-known candidates—from running for office;
• Vetoes laws passed by the popularly elected Majlis.
• Has increased the influence that the Islamic Revolutionary Guard Corps (an ideological fighting force separate from the Iranian army) has on the economic and cultural life of the country.

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

Legislative functions

The Islamic Consultative Assembly has no legal status without the Constitutional Council. Any bill passed by the Assembly must be reviewed and approved by the Constitutional Council to become law.

According to Article 96 of the constitution, 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, 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.

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

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. The Council 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 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.

The Council is accorded "supervision of elections". The Constitutional Council interprets the term supervision in Article 99 of the Iranian Constitution as "approbation supervision" (, nezārat-e estesvābī) 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" (, nezārat-e estetlā‘ī) which does not imply the mentioned approval right. The "evidentiary supervision" (, nezārat-e estenādī), which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article.

Composition

The Council is composed of Islamic clerics and lawyers. 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, who may dismiss them at will, and six jurists, "specializing in different areas of law, to be elected by the Majlis from among the Muslim jurists nominated by the Chief Justice" (who, in turn, is also appointed by the Supreme Leader). Membership is for phased six-year terms: half the membership changes every three years.

Criticism

Role in the 2009 elections

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.

On 29 June 2009, the Constitutional Council certified the results of the controversial election in which President Mahmoud Ahmadinejad was elected. The Council had completed a recount of 10 per cent 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.

Increases the role of the IRGC in everyday politics

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.

Arbitrary disqualifications of candidates from elections

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. In 1998, the Constitutional Council rejected his 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 2006 Iranian Assembly of Experts election, all female 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.

Rule by unelected leaders

This unelected Council frequently vetoes bills passed by the popularly elected legislature. 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.

Rigging results after elections in favor of conservatives

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:

• Annulment of the results in Khoy and Eslamabad-e Gharb (2000).
• Rahman Kargosha (2000, Arak), certain ballots were voided in order to declare the conservative incumbent as the winner.
• Alireza Rajaei (2000, Tehran), certain ballots were voided in order to declare the conservative incumbent as the winner.
• Minoo Khaleghi (2016, Isfahan), disqualified after winning the election.
• Khaled Zamzamnejad (2016, Bandar Lengeh), election annulled.
• Beytollah Abdollahi (2016, Ahar and Heris), election annulled.

Membership

Current members

Historic membership

References

References

1. (2003). "GUARDIAN COUNCIL". Encyclopaedia Iranica Foundation.
2. "Council of Guardians {{!}} Definition, Role, Selection, & History".
3. Article 98 of the constitution
4. Articles 96 and 94 of the constitution.
5. Article 99 of the constitution
6. "THE GUARDIAN COUNCIL".
7. [https://www.arsehsevom.org/en/2020/02/the-guardian-council-consolidates-power-election-monitoring-boards/ The 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/ https://www.atlanticcouncil.org/blogs/iransource/factbox-irans-2020-parliamentary-elections/], Arash Azizi, [[Atlantic Council]], February 14, 2020. Retrieved February 24, 2020.
9. [https://www.nytimes.com/2007/01/28/magazine/28iran.t.html?ei=5088&en=df35a74bde394fa1&ex=1327640400&partner=rssnyt&emc=rss&pagewanted=print Whose Iran?], [[Laura Secor]], ''[[The New York Times]]'', January 28, 2007. Retrieved September 22, 2008.
10. [https://2001-2009.state.gov/g/drl/rls/31261.htm 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".
12. (2013-06-04). "Iran Guards wield electoral power behind scenes". Reuters.
13. (24 May 2005). "Iran reverses ban on reformist candidates". The Guardian.
14. "خانه ملت".
15. [http://www.rferl.org/newsline/2006/10/031006.asp IRANIAN LEGISLATURE APPROVES FUNDS FOR GASOLINE IMPORTS] {{webarchive. link. (2006-11-01 provides an example the need for approval of the Guardian Council.)
16. [http://mellat.majlis.ir/archive/constitution/english.htm Article 4] {{webarchive. link. (2006-12-09)
17. [http://mellat.majlis.ir/archive/constitution/english.htm Article 112] {{webarchive. link. (2006-12-09)
18. [http://mellat.majlis.ir/archive/constitution/english.htm Article 98] {{webarchive. link. (2006-12-09)
19. [http://mellat.majlis.ir/archive/constitution/english.htm Article 110 Clause 9] {{webarchive. link. (2006-12-09)
20. Eqbali, Aresu. (29 May 2009). "Iranian women need more rights: candidate's wife". [[Agence France-Presse.
21. [http://mellat.majlis.ir/archive/constitution/english.htm Article 99] {{webarchive. link. (2006-12-09)
22. [http://mellat.majlis.ir/archive/1385/02/18/daytalk.htm خانه ملت] {{webarchive. link. (2006-10-11)
23. "سايت اطلاع رساني شوراي نگهبان/آشنايي با شوراي نگهبان". shora-gc.ir.
24. "magiran.com: نشريه حقوق اساسي، شماره 21". magiran.com.
25. [http://mellat.majlis.ir/archive/1382/01/23/newsdiplomatic.htm Mellat Electronic Newspaper] {{webarchive. link. (May 3, 2007)
26. "Iran Newspaper".
27. "irisn.com". Portal.irisn.com.
28. [http://mellat.majlis.ir/archive/constitution/english.htm Article 110] {{webarchive. link. (2006-12-09)
29. "Iranian Government Constitution, English Text". Manou & Associates, Inc..
30. "Iranian Government Constitution, English Text". Manou & Associates, Inc..
31. [http://mellat.majlis.ir/archive/constitution/english.htm Article 91] {{webarchive. link. (2006-12-09)
32. [http://www.thenational.ae/article/20080921/FOREIGN/249991953/1011/ART Khatami reluctant to discuss candidacy] {{webarchive. link. (2009-04-27, Maryam Sinaiee, ''[[The National (Abu Dhabi)). The National]]'', September 21, 2008.
33. [https://www.usatoday.com/news/world/2008-03-16-iran-parliament-elections_N.htm Split hard-liners hold Iran parliament], AP via ''[[USA Today]]'', March 16, 2008.
34. Michael Slackman. (June 29, 2009). "Iran Council Certifies Disputed Election Results". The New York Times.
35. (June 30, 2009). "Lebanon's President congratulates Admadinejad on re-election". Washington TV.
36. (June 30, 2009). "Iran Electoral Body: Won't Accept More Election Objections". EasyBourse}} {{dead link.
37. [https://www.cfr.org/backgrounder/irans-revolutionary-guards The Revolutionary Guards' Role in Iranian Politics] {{Webarchive. link. (2016-11-04, [[Ali Alfoneh]], ''[[Middle East Quarterly]]'', Fall 2008; accessed via AEI's website on September 22, 2008.)
38. (2000-01-12). "Khamenei's brother attacks reformist purge". [[BBC News]].
39. A. William Samii. (2000-01-17). "Candidates rejected and Guardians Criticized". [[Radio Free Europe/Radio Liberty]] Iran Report.
40. "Iranian Elections, 1997-2001". [[Public Broadcasting Service.
41. (2005-01-13). "Overview of Human Rights Issues in Iran". [[Human Rights Watch]].
42. [https://2001-2009.state.gov/g/drl/rls/83185.htm The 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".
44. (11 June 2021). "Iran elections: Everything you need to know about June presidential vote".
45. Samii, Bill. (19 June 2000). "Iran Report". Radio Free Europe/Radio Liberty.
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. (2016-05-21). "ابطال آرای حوزه بندرلنگه‌ و بستک".
49. (2016-04-30). "نتيجه نهايي مرحله دوم انتخابات مجلس در حوزه انتخابيه اهر و هریس".
50. "اعضای شورای نگهبان".
51. Yasmin Alem. (2011). "Duality by Design: The Iranian Electoral System". International Foundation for Electoral Systems (IFES).