Representatives intend to include the power of the parliament to dismiss Guardian Council lawyers. In the last days of their activity, representatives of the 10th parliament are trying to limit the Guardian Council's "arbitrary" powers, but they have no hope of success in this endeavor.
Iranian parliamentarians are set to pass a bill that would make it part of the parliament's authority to certify the qualifications of legal members of the Guardian Council. According to the bill, the parliament would be able to evaluate the performance of each legal member of the Guardian Council and vote to disqualify and dismiss them if they are deemed unfit.
According to a plan that was approved in a public session on Monday (May 12) during the review of the details of the draft amendment to the internal regulations of the parliament, proposed by Mohammad Javad Fathi, the jurists of the Guardian Council are also subject to Article 24 of the internal regulations of the parliament and its notes, and therefore must be elected or dismissed by a vote of the representatives.
According to Iranian news agencies: "Accordingly, the objection of representatives to the performance of the legal members of the Guardian Council is made by a written request of 25 people or at the request of the Internal Regulations Commission. After the formation of a committee to review the objection, the matter will be reviewed by the Internal Regulations Commission. If the majority of the members of the committee vote on the disqualification of the person objected to, his membership will be suspended. Then, the report will be reviewed in a closed session and will be put to a vote in a public session of the parliament. If the parliament votes to disqualify the person, he will be considered resigned."
Given the extensive powers of the Guardian Council, members of the 10th Parliament, who are spending their final days in Baharestan, have attempted to limit it. It is not believed that this plan will pass the Guardian Council's hurdle and be approved.
Qasem Mirzaei Niko, a member of the Omid faction and the Majlis Councils Commission, has bluntly told the Islamic Republic News Agency (IRNA): “We have no hope of approving this bill.” He suggests that “this bill will come back to the Majlis and be referred to the Expediency Discernment Council upon the objections of the representatives.”
Guardian Council's fear of "reforming the election law"
The debate and controversy over the draft amendment to the election law, which was approved in a public session of the Islamic Consultative Assembly on May 4th with a majority vote of the representatives present, continues.
On May 23, the 10th parliamentarians approved a bill with 159 votes in favor. In this bi-urgent bill, they called for imposing penalties on those who submit false reports to the four authorities in reviewing the qualifications of candidates.
The MPs aim to ensure that the Guardian Council acts in accordance with the law and resolutions passed by the parliament. They say that the Guardian Council’s discretionary oversight, which includes reviewing the qualifications of candidates for election, is currently “arbitrary oversight” that should be limited by the phrase “in accordance with the provisions of the law.”
Ayatollah Ahmad Jannati, Secretary of the Guardian Council, immediately reacted to the parliament's resolution to amend the election law, criticizing it and saying: "Unfortunately, the recent bill not only has no relation to general election policies, but it was designed and approved with the aim of depriving the candidates of their qualifications."
Then, in an open letter addressed to Ahmad Jannati, the text of which was released to the media on Saturday, May 10, Ali Motahari reminded him that the Guardian Council is "solely" responsible for reviewing the compliance of parliamentary resolutions with the constitution and Islamic law.
Abbas Ali Kadkhodaei, the spokesman for the Guardian Council, responded to Motahari by calling the MPs' plan "ambiguous in various aspects" and wrote in a tweet: "Approval oversight based on a parliamentary resolution is legal oversight. Implementing it is the rule of law, and opposing it is evasion of the law and anarchy!"
The Guardian Council's public relations department also responded in detail to Ali Motahari's letter to Jannati, which was published in the mass media.
The Guardian Council's response stated: "The plan that was approved in the Islamic Consultative Assembly last week was accompanied from the very beginning by concerns expressed by experts, lawyers, and some respected representatives of the Islamic Consultative Assembly, and the harm caused by such changes in the process of holding and monitoring the elections was pointed out to the designers."
In defense of its authority, the Guardian Council says that it “can enact laws on general issues within the limits set forth in the constitution,” adding: “As the institution that protects the constitution, the Guardian Council is obligated to protect all the principles of the constitution and the standards of the holy Sharia and prevent the approval of resolutions that contradict them.”
At the end of the Guardian Council's response, without naming Ali Motahari, he is mentioned in a derogatory manner with the following phrase: "A representative who is known for his hot-temperedness and aggression cannot be expected to observe the dignity of representation and maintain the credibility of the parliament."
Source: DW
