According to Article 99 of the constitution, the Guardian Council is responsible for
“supervising” the parliamentary and presidential elections, as well as the elections for the
Assembly of Experts for Leadership.11 The Guardian Council is a 12-member body for guarding
the compatibility of parliamentary acts with Islamic law and the constitution.12 Six members of
the Council, selected by the supreme leader, are to be experts on Islamic jurisprudence. These six
members are supposed to be just and informed of the present needs of the country and the issues
of the day.13 The remaining six members are to be Muslim jurists in various areas of the law that
are nominated by the head of judiciary and approved by the parliament.14 One of the Guardian
Council’s “opinions,” from 22 May 1991, maintains that the Council’s supervision is
“approbatory” and includes all administrative procedures of the elections, including the approval
and disapproval of candidates’ “qualification” [competency].15
Under Iran’s Constitution and Election Law, there is no independent election commission to
manage or monitor elections. Rather, the Guardian Council is responsible for supervising
elections.16
During the last few decades, journalists, political activists, and politicians inside the country have
expressed their concern regarding some of the overly broad qualifications of candidacy. These
concerns are mainly directed at candidacy requirements including belief and practical
commitment to Islam and the sacred State of the Islamic Republic of Iran, commitment to the
constitution and the progressive article of the Guardianship of the Islamic Jurist (the Supreme
Leader), and the arbitrary and non-transparent enforcement of these requirements for approving
candidacy by the relevant governmental bodies.17 Journalists and activists have attempted to seek
clarification from authorities, including the Guardian Council’s spokesperson and Tehran’s
Governor on the review of candidates’ qualification, made recommendations for transparency,
and called on the authorities to address issues stemming from this process, including uncertainty
and doubts amongst potential candidates regarding their qualifications or lack thereof which
reportedly discourages political participation.18
11
Article 99 of the Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
Article 91 of the
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
13
Article 91 of the
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
14
Articles 91 of the
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
15
The Guardian Council opinion about article 99 of the constitution: <http://nazarat.shorarc.ir/Forms/frmMatn.aspx?id00=IxVuRJARSRk=&TN=/XG7FYxY/yd2hSO3SoFiUGK8U51VruQ4csaqpt/F9Oo=&MN=csaqpt/
F9Oo=&id=3NFgB5CdAsk=&tablename02=/XG7FYxY/yd2hSO3SoFiUBDhmJI8yPJ0 > (Persian)
16
Article 99 of the Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
17
< https://www.plus.irna.ir/news/83638282/ > (Persian)
18
< www.irna.ir/news/83646542/ > (Persian)
2