News ID: 232

Date: 18 July 2023 - 15:57

Constitutional Council marks establishment anniversary

The Constitutional Council on Monday marked the 43rd anniversary of its establishment with university students participating in its formal session for the first time.

During the session, which was attended by about 15 students, the members of the Constitutional Council discussed and examined the law on the regulation of land, housing, and rent markets.

After the session, the students had a separate meeting with some members of the Constitutional Council and directly expressed their opinions and questions about the function of this council.

This year the establishment anniversary of the Constitutional Council fell on Monday (July 17).

The Constitutional Council is one of the most important and powerful bodies within the Islamic Republic of Iran’s fabric of governance. The Council’s constitutional mandates include interpretation of the Constitution, supervision of elections (approval or disapproval of candidates seeking to run in local, parliamentary, presidential, and Assembly of Experts elections) and the vetting of legislation passed by the country’s Parliament.

The Council is comprised of twelve members: Six Faqihs and six jurists. The Faqihs (Islamic jurists) are appointed by the Leader of the Islamic Revolution, and the jurists are nominated by the head of the Judiciary Branch and confirmed by Parliament. According to Article 91 of the Constitution, the members are elected to serve for a period of six years.

According to Article 94 of the Constitution, the Parliament is required to refer all its legislation to the Constitutional Council. The law watchdog body would have a maximum of ten days from its receipt to ensure its compliance with Islamic tenets as well as the Constitution. If a majority of the Council (both Faqihs and jurists) finds a piece of legislation at variance with the Constitution and the standards of Islamic law, then the Council may strike it down or return it with revisions to the parliament for reconsideration. Otherwise the legislation will be deemed enforceable.

To be specific, Iran’s Parliament and its legislation lack credibility without the constitutional court and its approval, and the Parliament does not hold any legal status if there is no Constitutional Council in existence, except for the purpose of approving the credentials of its members and the election of the jurists on the Council.

It is worth noting that a national referendum was held with the question "Islamic Republic, yes or no" in March 1979. Some 98.2 percent of the voters said "yes." Following this victory, the Iranian Constitution of 1906 was declared invalid and a new constitution for an Islamic Republic was drafted and ratified by a referendum during the first week of December the same year.