Guardian Council, 12 Holy Men

The Council of Guardians or Guardian Council of the Constitution (Shoraye Negahban-e Qanun-e Assassi) is the most powerful constitutional body in the current Iranian political system, much more important than the Iranian elected legislature (Majlis: Islamic Consultative Assembly). Guardian Council has been called Iran’s most powerful body (that controls Iranian democratic framework), most influential body, one of the most significant institutions under by the Supreme Leader, and de-facto Upper house of the Iranian legislature (p-41). Why the Guardian Council is so powerful when there are a host of other constitutional bodies, such as Majlis, Expediency Council, Assembly of Experts, etc?

Let's first see how the Guardian Council is constituted.

According to the Iranian Constitution of 1979, the Council has 12 members. Six of these members are Islamic jurists and are selected/nominated by the Supreme Leader. The other six civil jurists are specialists of other branches of law and are elected by the Majlis from among the list of Muslim jurists provided by the Head of Judiciary (Article 91). The term of the Guardian Council is six years (Article 92).

It appears that at least six members of the Guardian Council are (indirectly) elected and, therefore, they would be more concerned about the popular opinion. However, this is a facade as the six "elected" members are also from the list provided by the Head of the Judiciary, who is in turn selected by the Supreme Leader (Article 157). The Majlis cannot independently elect even one member of the Council. Hence, one can safely say that the Supreme Leader has almost complete control on who serves on the Council.

Source: Iran's Guardian Council

Why Guardian Council is considered so powerful?

First, the Iranian Constitution gives the Guardian Council many powers. Some of its most important powers are the following:

• Vetting all the candidates for the President, Majlis and the Assembly of Experts before the elections: This means that one cannot become a member of the Majlis or the Assembly of Experts or become President without the approval of the Guadian Council. Even if all the Iranian voters want to elect a particular person as President, they cannot do it unless the Guardian Council approves. The Guardian Council can and has not allowed many popular candidates to run in the elections. Furthermore, the Guardian Council also supervises any referenda or any other direct recourse to the public opinion  (Article 99);
• Approving every piece of legislation passed by the Majlis: All legislation passed by the elected Majlis needs the approval of the Guardian Council to become law. The Council judges all legislation on basis of its conformity with the official religion (Islam- Twelver Shia sect) and the Constitution. If Council does not approve, a draft law, even if it is passed by all members of the Majlis, will remain a draft law. There is no provision to bypass the Guardian Council. Majlis itself cannot overrule Council's rejection by a two-thirds or three-fourths supermajority. In fact, according to the constitution, the Majlis does not hold any legal status if there is no Guardian Council in existence. If there is disagreement between the Council and the Majlis, the case goes to the Expediency Council, which like the Guardian Council is a body nominated by the Supreme Leader and usually has all the members of the Guardian Council as its members (Article 4, 72, 91, 93 and 96);
• Sole interpreter of the Constitution: Like the Supreme Court in many countries, the Guardian Council has the power to interpret the constitution and its judgment is final (three-fourths majority required). The Council is also part of the constitution-amending process (Article 98 and 177).

Source: Deep-Seated Entanglements, RAND

Second, the Guardian Council consists of only twelve members. Comparing it with the membership of Majlis (290 members), Expediency Council (usually 30+ members) or Assembly of Experts (usually 80+ members), one can fathom how much more power an individual member of the Guardian Council would have, even if powers of all these constitutional bodies were equal. The fact is that the Guardian Council has greater powers than all these bodies and it is smaller then all of them, making it extremely powerful.

Third, the Guardian Council is powerful because its decisions, in most cases, are final. Its decisions regarding interpretation of the constitution cannot be contested. Similarly, its decisions regarding the vetting of candidates or election results are legally conclusive.

Finally, Council is powerful because constitution does not bar re-appointment of its members. Therefore, Guardian Council members can stay on for decades, if they retain the confidence of the Supreme Leader. The current Chairman of the Guardian Council, Ayatollah Ahmad Jannati, has been a member of the Council since its first establishment in 1980 (37 years) and has been its chairman since 1992 (25 years). Ayatollah Mohammad Yazdi, another member, has been part of the Council since 1988 (29 years). Ayatullah Sayed Mahmoud Hashemi Shahroudi, another member, was earlier also part of the Council from 1992 to 1999. Then, he was appointed as the Head of Judiciary (1999-2009) and in that capacity was nominating Guardian Council candidates to the Majlis and then he again became a member of the Council in 2009. 

90 years old Ayatollah Jannati, head of the Guardian Council, with the Supreme Leader

Source: ‘Election Violations’ Used Against Rouhani

From the above analysis, it is clear that the Guardian Council plays a crucial role in the continuous clerical control of the Iranian political system. If Islamic Revolutionary Guard Corps (IRGC) protects it militarily, the Guardian Council protects it constitutionally and legally.

Related blog post: Is Iran's Supreme Leader subject to oversight? Constitutionally yes, but...

Afraid of Ahmadinejad?

On June 4, Al-Monitor correspondent in Tehran reported about a possible return of former Iranian President Ahmadinejad (See Is Ahmadinejad plotting a comeback?).

On June 3, former Iranian President Mahmoud Ahmadinejad made his first major speech since leaving office last year. He praised Ayatollah Ruhollah Khomeini, who died 25 years ago on June 4, and said that Iran’s enemies have not yet realized that Iranians would defend the Iranian revolution “until the last breath.” Ahmadinejad, however, did not speak about the one thing that has been a source of speculation: his political return.On May 31, his brother Davoud Ahmadinejad said that the chances of the former president running for the presidency again were “very high.”while Davoud’s comments did not receive the usual Ahmadinejad-type attention, it seems that other forces in Iran are taking his return to politics seriously, and are intent on preventing it.The arrest of two political figures with close ties to Ahmadinejad, as well as the constant criticism directed at the former president by some of his own former ministers, indicates that the possibility of Ahmadinejad returning to the political arena is being taken seriously by the country's right-wing political elite.

Source: Is Ahmadinejad Coming Back In From The Cold?

However, correspondent also reported that Supreme Leader Ali Khamenei continues to give importance to Ahmadinejad.

Although Ahmadinejad's faction was eliminated from politics following the presidential elections, Khamenei appointed Ahmadinejad as a member in the Expediency Discernment Council. Also, last fall, during the mourning ceremony of Ashoura, he was sitting next to the supreme leader. Two months ago, other images were published showing Ahmadinejad and Khamenei next to each other during the second night of the mourning ceremony of "Fatimiyah."

What these images might mean is that, in spite of his disagreements with Ahmadinejad, Khamenei still views him as an influential political figure or that at least Ahmadinejad is not yet completely removed from the list of people close to Khamenei.

Given this tacit support by Khamenei, neither Ahmadinejad nor his supporters seem deterred. Davari said in April, “I assure you that currently we do not have an organized plan for the next elections. However, this might change in the future.” He continued, "If these anti-people policies of the current administration continue, then I think Ahmadinejad will restart his political activities to defend the people's rights."

That right-wing clerics, ministers and Iranian Revolutionary Guard Corps (Sepah-e-Pasdaran-e Enqelab-e Eslami) are against former president's return is understandable. Though a loyal protege of the Supreme Leader during his first term, Ahmadinejad became increasingly independent in his second term and tried to chart a more nationalistic and less religious course (See Missing Mahmoud?). He even tried to defy the Supreme Leader and contested his authority. The final act of Ahmadinejad's betrayal was trying to get his chief of staff, Esfandiar Rahim Mashaei, elected as President in 2013 presidential elections. Mashaei was intensely disliked by the right wing because of his promotion of Iranian territorial nationalism, among other things (Mashaei was eventually disqualified by the right wing Guardian Council that vets all presidential candidates) (See Who's Afraid of Mahmoud Ahmadinejad?).

The question is why the Supreme Leader is giving importance to Ahmadinejad thereby giving confidence to his supporters and fueling rumors while also ordering (or at least consenting to) the arrest of Ahmadinejad's supporters. Judiciary and police are in control of the Supreme Leader so the arrests could not have happened without his knowledge. Some analysts argue that the Supreme Leader is supporting Ahmadinejad to keep the pressure on the new Rouhani government:

As BBC Persian analyst Hossein Bastani noted, it's highly unlikely that former President Mohammad Khatami would be allowed to sit near the supreme leader in public. Khatami, a reformist, was never considered to be close to Khamenei, who publicly expressed support for Ahmadinejad's anti-Western stances. 

Bastani believes that Khamenei could use Ahmadinejad to put pressure on Iran's new government team, which has been accused by hard-liners of giving in to the West and the United States.(See Is Ahmadinejad Coming Back In From The Cold?)

However, there are many other ways to keep the Rouhani government on the "straight path." The reason Khamenei is courting Ahmadinejad perhaps lies in what Ahmadinejad represents. He has impressive nationalist credentials and is also religiously devout. The question is why Iranians need the rule of the clergy (velayat-e-faqih doctrine) when they can elect people like Ahmadinejad? The whole argument that only clergy can save Iran and Islam from external threats becomes doubtful. Ahmadinejad has not helped his case by claiming to be in communication with the Hidden Imam (thus debunking clergy legitimacy because they claim to rule in the name of the Hidden Imam) and also promoting pre-Islamic Iran (thus trying to harness the votes of those who believe in territorial/Persian nationalism). 

So, the Supreme Leader is perhaps trying to impress on the former president that he can enjoy a leisurely secure retirement during which he would be feted at the state functions and given due respect (even perhaps consulted) or he can think of running again and make his and his friend's lives difficult. The choice is yours. Ahmadinejad!