The Islamic System Expediency Discernment Assembly

From Wikivahdat

The Islamic System Expediency Discernment Assembly is an institution that was established by the decree and initiative of Imam Khomeini in 1987 to resolve the dispute between the Islamic Consultative Assembly and the Guardian Council in some of the Islamic Consultative Assembly's resolutions. Then, the position, duties, powers, and members of this institution were clarified in the revision of the Constitution in 1989, in accordance with the principles: "110, 111, 112, and 177", and the quality and quantity of its members (chairman, secretary, legal and real members, and the term of the Assembly) were delegated to the Leader.

Distinguishing between the opinions of the Islamic Consultative Assembly and the Guardian Council, preparing and proposing drafts of general policies for the Islamic System, resolving Islamic System problems with referrals from the Supreme Leader, and advising on matters referred by the Supreme Leader are among the duties of this institution.

History

In the early days of the Islamic Revolution and before the establishment of the Islamic System Expediency Discernment Assembly, according to the constitution, the Guardian Council was the final authority for determining whether the resolutions of the Majlis were in conflict with Sharia and constitutional standards. Due to the disagreement between the Islamic Consultative Assembly and the Guardian Council over some of the Majlis’ resolutions, which first occurred in the discussion of approving Sharia lands, and this council considered the government’s acquisition of all wasteland to be in conflict with some Sharia evidence.

In order to resolve this dispute and prevent such cases from occurring in the future, the then Speaker of the Islamic Consultative Assembly (Akbar Hashemi Rafsanjani) wrote a letter to Imam Khomeini on 27 September 1981, requesting him to provide a solution. In his letter, he allowed the Assembly to approve expedient matters with a majority of the members of the Assembly and a temporary restriction; however, with further disputes in this regard and the remaining problems, finally, after some correspondence,between high-ranking and relevant officials of the country at the time, a request was sent in February 1988, signed by the then President, the then Speaker of the Islamic Consultative Assembly, the then Chief Justice of the Supreme Court, the then Prime Minister, and Seyyed Ahmad Khomeini to Imam Khomeini to find a solution in this regard. On February 6, 1988, Imam Khomeini issued a decree establishing the " The Islamic System Expediency Discernment Assembly " to address these matters.

This Expediency Discernment Assembly, which was initially established solely to determine expediency in cases of disagreement between the Majlis and the Guardian Council, when the Constitution of the Islamic Republic of Iran was revised in 1989, after detailed discussions about the position of the the Islamic System Expediency Discernment Assembly, its duties was given based on principles: “110, 111, 112, and 177” in order to serve and play a role  as a complementary link in the governance of the Islamic Republic System and in various circumstances[1].

Structure of the Islamic System Expediency Discernment Assembly

Based on the new internal regulations of the Expediency Discernment Assembly dated October 25, 1997, which were approved by the Supreme Leader on November 26, 1997, the structure of the Expediency Discernment Assembly is as follows:


Commissions:

·       Scientific, Cultural and Social Commission

·       Infrastructure and Production Commission

·       Economic, Commercial and Administrative Commission

·       Oversight Commission

·       Political, Defense and Security Commission

·       Legal and Judicial Commission

·       Special Commission

·       Joint Commission of the Supreme Leader's Office and the Secretariat


The Expediency Discernment Assembly 's commissions aim to collect accurate information on the topics discussed in this institution, which is obtained through the latest expert achievements of the responsible agencies, applied, developmental, and fundamental research of the country's research institutions.

Also, the Expediency Discernment Assembly 's research institutes and centers, such as:The Strategic Research Institute (formerly the Strategic Research Center) and the Center for Strategic Studies and Reviews, which serve as the scientific and research arm of these commissions and the secretariat of the Expediency Discernment Assembly.This accurate information is used  in a permanent or special specialized commission for  decision-making.

The Secretariat of the Expediency Discernment Council

In order to organize the duty of the permanent and special commissions and establish communication with the responsible government agencies and public non-governmental institutions and make full use of their expert’s views, as well as continuous communication with the advisory councils and supervise the administrative and expert work of the commissions and create a treasury of efficient information from studies, research and important expert reports related to Iranian and world issues,as well as supervising the proper implementation of general policies that have been approved by the Supreme Leader and following them up, as well as communicating approvals and decisions, compiling detailed minutes of negotiations, and other administrative and executive affairs of the Expediency Discernment Assembly, the Secretariat of the Expediency Discernment Assembly is formed. The responsibility for the Secretariat is with the Secretary of the Expediency Discernment Assembly, who chairs the Secretariat.

 The Secretary of the Expediency Discernment Assembly performs his duties under the supervision of the Assembly's Chairman and, in necessary cases, is the Expediency Discernment Assembly 's liaison with the Supreme Leader.

The Council  of the Expediency Discernment Assembly

Meetings of the the Council  of the Expediency Discernment Assembly during discussions on disputed resolutions of the Majlis and the Guardian Council will consist of all members mentioned in the decree of the Supreme Leader dated March 17, 1997, and in matters related to examining and resolving system problems, determining general System policies, and other matters stipulated in the Constitution, will consist of all actual members in addition to members of categories "A" and "B" of paragraph of the aforementioned decree. These meetings will be valid if two-thirds of the members whom are present, and decisions will be valid with an absolute majority of the members present.

Members of the  different Periods

In Imam Khomeini's decree on 6 Feb 1988 , regarding the establishment and formation of the Expediency Discernment Assembly, he appointed the members of this institutionas follows : the jurists of the Guardian Council, the heads of the three branches of government, the relevant minister, and two experts selected by the Leader (a total of 12 people). In the Constitutional Revision Council, the same people appointed by the Imam Khomeini were initially proposed as members of the Assembly, but due to disagreements among the members of the Constitutional Revision Council, the quality and quantity of its members (fixed and variable members) were delegated to the Leader.

And in accordance with this decision, on October 4, 1989, the Supreme Leader, addressing the then President, appointed twenty people, including: jurists of the Guardian Council, heads of the three branches of government, and nine experts in jurisprudence and political issues as permanent members, as well as the relevant minister and the head of the relevant commission of the Islamic Consultative Assembly as variable members, for a period of three years.

In the latest changes, with the Leader's decree regarding the composition of the new members of the Assembly on March 17, 1997, he appointed its members to two groups of legal entities: the heads of the three branches of government, the jurists of the Guardian Council, and the minister or head of the relevant agency, and real entities: 22 jurists and other experts on political, economic, social, and cultural issues, for a five-years term.

Also, Article 3 of the internal regulations approved on October 24, 1989, which had appointed the then President as the Chairman of the Assembly, was changed in this decree of the Supreme Leader, and Hashemi Rafsanjani, despite not holding the position of President, was appointed as the Chairman of the Assembly by this decree of the Leader, with the aim of utilizing his abilities.

This institution has gone through 8 cycles up to now and is currently in its 9th cycle. The composition of the members of this assembly in different cycles[2] are:

Composition of the first term members

Order: By the decree of Imam Khomeini, with the appointment of Ayatollah Khamenei as its chairman and other members.

Term: Three years from 1987 to 1989, coinciding with the imposed war and special war conditions.

Members: Jurists of the Guardian Council, Ayatollah Khamenei (then President), Akbar Hashemi Rafsanjani (then Speaker of the Parliament), Mousavi Ardebili (President of the Supreme Judicial Council), Mohammad Reza Tavassoli, Seyyed Mohammad Mousavi Khoeini, Mir Hossein Mousavi (then Prime Minister), Seyyed Ahmad Khomeini for presenting the meeting report to Imam Khomeini.

Composition of the second term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani and other members.

Term: For three years at the end of the imposed war in 1989, in this year the Assembly was formed after revising the constitution, which in this new  law, the duties enumerated in clauses and principles: "110, 111, 112 and 177".

Real members: The jurists of the Guardian Council, the heads of the three branches, the minister or head of the department concerned by the matter under discussion, and the head of the relevant committee of the Islamic Consultative Assembly.

Legal members: Mohammad Reza Mahdavi Kani, Yousef Sanei, Seyyed Ahmad Khomeini, Seyyed Mohammad Mousavi Khoeiniha, Mohammad Ali Movahhedi Kermani, Mohammad Reza Tavassoli, Abdullah Nouri, and Mir Hossein Mousavi.

Composition of the third term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani and other members.

Term: For three years.

Legal members: Members of previous terms.

Real members: Akbar Hashemi Rafsanjani, Mohammad Reza Mahdavi Kani, Hassan Sanei, Seyyed Ahmad Khomeini, Seyyed Mohammad Mousavi Khoeiniha, Mohammad Ali Movahhedi Kermani, Mohammad Reza Tavassoli, Abdullah Nouri, Hassan Rouhani, Hassan Habibi, and Mir Hossein Mousavi.

Composition of the fourth term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani as its chairman and other members.

Term: For five years from 1996.

Legal members: Legal members of previous terms.

Real members: Akbar Hashemi Rafsanjani, Mohammad Reza Mahdavi Kani, Ebrahim Amini Najafabadi, Abbas Vaez Tabasi, Ahmad Jannati, Mohammad Emami Kashani, Mohammad Ali Movahhedi Kermani, Hassan Habibi, Mir Hossein Mousavi, Ali Akbar Velayati, Mohammad Mohammadi Reyshahri, Hassan Sanei, Hassan Rouhani, Seyyed Mohammad Mousavi Khoeiiniha, Asadollah Asgaroladi, Ghorbanali Dorri Najafabadi, Ali Larijani, Mostafa Mirsalim, Mohammad Tavassoli, Abdullah Nouri, Morteza Nabavi, Hassan Firouzabadi, Gholamreza Aghazadeh, Bijan Namdar Zanganeh, Mohammad Hashemi, and Mohsen Nourbakhsh.

Composition of the fifth term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani as its chairman and other members.

Term: From 2001, for a five-years  term.

Legal members: Members of previous terms.

Real members: Akbar Hashemi Rafsanjani, Ebrahim Amini Najafabadi, Abbas Vaez Tabasi, Ahmad Jannati, Mohammad Emami Kashani, Mohammad Ali Movahhedi Kermani, Hassan Habibi, Mir Hossein Mousavi, Ali Akbar Velayati, Mohammad Mohammadi Reyshahri, Hassan Sanei, Hassan Rouhani, Habibollah Asgaroladi, Ghorban Ali Dorri Najafabadi, Ali Larijani, Mustafa Mirsalim, Mohammad Tavassoli Mahallati, Morteza Nabavi, Firouzabadi, Gholamreza Aghazadeh,Bijan Namdar Zanganeh, Mohammad Hashemi, Mohsen Rezaei, Ali Akbar Nategh Nouri, Mohammad Reza Aref, Gholam Ali Haddad Adel, Majid Ansari, Hossein Mozaffar, Mohammad Reza Bahonar, Mohammad Javad Iravani, and Mahdi Karroubi (after completing his term of representation and speaker of the sixth parliament on May 30, 2004).

Changes in members during the term: Appointment of Mahdi Karroubi as a real member after the end of his term as representative and speaker of the Sixth Parliament on May 30, 2004, by decree of the Supreme Leader.

Composition of the sixth term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani as its chairman and other members.

Term: From 2006, for a five-years  term.

Legal members: Members of previous terms.

Real members: Akbar Hashemi Rafsanjani, Ahmad Jannati, Ebrahim Amini Najafabadi, Abbas Vaez Tabasi, Mohammad Emami Kashani, Mohammad Ali Movahhedi Kermani, Hassan Habibi, Mir Hossein Mousavi, Ali Akbar Velayati, Mohammad Mohammadi Reyshahri, Hassan Sanei, Hassan Rouhani, Habibollah Asgaroladi, Ghorban Ali Dorri Najafabadi, Ali Larijani, Mustafa Mirsalim, Mohammad Tavassoli Mahallati, Morteza Nabavi, Seyyed Hassan Firouzabadi, Gholamreza Aghazadeh, Bijan Namdar Zanganeh, Mohammad Hashemi, Mohsen Rezaei, Ali Akbar Nategh Nouri, Mohammad Reza Aref, Gholamali Haddad Adel, Majid Ansari, Hossein Mozaffar, Mohammad Reza Bahonar, Mohammad Javad Irvani, Parviz Davoodi, Gholamhossein Mohseni Ezhei, Ali Agha Mohammadi, Mohammad Foruzandeh, Davood Danesh Jafari.

Composition of the seventh term members

Order: By order of Ayatollah Khamenei (Leader of the Islamic Revolution), with the appointment of Akbar Hashemi Rafsanjani as its chairman and other members.

Term: From 2011, for a five-years  term.

Legal members: Members of previous terms and the Secretary of the Supreme National Security Council.

Real members: Akbar Hashemi Rafsanjani, Ahmad Jannati, Ebrahim Amini Najafabadi, Abbas Vaez Tabasi, Mohammad Ali Movahhedi Kermani, Hassan Habibi, Mir Hossein Mousavi, Ali Akbar Velayati, Mohammad Mohammadi Reyshahri, Hassan Sanei, Hassan Rouhani, Seyyed Mahmoud Hashemi Shahroodi, Mahmoud Mohammadi Iraqi, Gholam Reza Mesbahi Moghaddam, Habibollah Asgaroladi, Ghorban Ali Dorri Najafabadi, Ali Larijani, Mostafa Mirsalim,Mohammad Tavassoli Mahallati, Morteza Nabavi, Seyyed Hassan Firouzabadi, Gholamreza Aghazadeh, Bijan Namdar Zanganeh, Mohammad Hashemi, Mohsen Rezaei, Ali Akbar Nategh Nouri, Mohammad Reza Aref, Gholamali Haddad Adel, Majid Ansari, Hossein Mozaffar, Mohammad Reza Bahonar, Mohammad Javad Irvani, Parviz Davoodi, Gholamhossein Mohseni Ezhei, Ali Agha Mohammadi, Mohammad Foruzandeh, Davood Danesh Jafari, Mohammad Hossein Saffarharandi, Hossein Mohammadi, Sadegh Vaezzadeh, Ahmad Vahidi.

Changes in members during the term: Appointment of Mahmoud Ahmadinejad on August 4, 2013 and Saeed Jalili on September 12, 2013, by order of the Supreme Leader as real members.

Composition of the eighth term members

Rule: By the decree of Ayatollah Khamenei (Leader of the Islamic Revolution) on August 14, 2017, and the appointment of Seyyed Mahmoud Hashemi Shahroudi as its chairman and other members.

Term: From 2017, for a five-years  term.

Legal members: Members of previous terms.

Real members: Akbar Hashemi Rafsanjani, Ahmad Jannati, Ebrahim Amini, Abbas Vaez Tabasi, Mohammad Ali Movahhedi Kermani, Ali Akbar Velayati, Hassan Sanei, Seyyed Mahmoud Hashemi Shahroodi, Mahmoud Mohammadi Iraqi, Gholamreza Mesbahi Moghaddam, Habibollah Asgarovaladi, Ghorbanali  Dorri Najafabadi, Ali Larijani, Mustafa Mirsalim, Mohammad Tavassoli Mahallati, Seyyed Ebrahim Raisi, Mohsen Mojtahed Shabestari, Morteza Nabavi, Seyyed Hassan Firouzabadi, Gholamreza Aghazadeh, Bijan Namdar Zanganeh, Mohammad Hashemi, Mohsen Rezaei,

Ali Akbar Nategh Nouri, Mohammad Reza Aref, Gholamali Haddad Adel, Majid Ansari, Hossein Mozaffar, Mohammad Reza Bahonar, Mohammad Javad Iravani, Parviz Davoodi, Gholam Hossein Mohseni Ejhei, Ali Agha Mohammadi, Mohammad Foruzandeh, Davoud Danesh Jafari, Mohammad Hossein Saffarharandi, Hossein Mohammadi, Sadegh Vaezzadeh, Ahmad Vahidi, Mahmoud Ahmadinejad, Ahmad Tavakkoli, Saeed Jalili, Seyyed Mohammad Sadr, Mohammad Bagher Ghalibaf, Seyyed Mohammad Mirmohammadi

Secretary: Mohsen Rezaei.

Changes in members during the period: The passing of Seyyed Mahmood Hashemi Shahroodi, the late head of the Expediency Discernment Council, on December 24, 2018, and the appointment of  Sadegh Amoli Larijani by the Supreme Leader of the Islamic Revolution, by a decree, as the head of the Expediency Discernment Council and a member of the jurists of the Guardian Council.

Seyyed Mohammad Mirmohammadi passed away on March 2, 2020, Ebrahim Amini Najafabadi on Apr 24, 2020, Seyyed Hassan Firouzabadi on September 3, 2021, Ali Larijani was appointed as a real  member on May 28, 2020, and Mohammad Baqer Zolghadr was appointed as secretary on September 19, 2021, by order of the Supreme Leader.

Composition of the ninth term members

Rule: By the decree of Ayatollah Khamenei (Leader of the Islamic Revolution), September 20, 2022, and the appointment of Sadegh Amoli Larijani as its chairman and other members.

Term: From 2022, for a five-years  term.

Legal members: Members of previous terms.

Real members: Hassan Sanei, Mahmood Mohammadi Iraqi, Gholamreza Mesbahi Moghaddam, Mohsen Araki, Majid Ansari, Ghorbanali Dorri Najafabadi, Ali Akbar Velayati, Ali Larijani, Mostafa Mirsalim, Seyyed Ebrahim Raisi, Seyyed Morteza Nabavi, Gholamreza Aghazadeh, Mohsen Rezaei, Mohammad Reza Aref, Gholamali Haddad Adel, Hossein Mozaffar, Mohammad Reza Bahonar, Mohammad Javad Iravani, Parviz Davoodi, Ali Agha Mohammadi, Mohammad Forozandeh, Davood Danesh Jafari, Mohammad Hossein Saffarharandi, Hossein Mohammadi, Sadegh Vaezzadeh, Ahmad Vahidi, Mahmoud Ahmadinejad, Ahmad Tavakkoli, Saeed Jalili, Seyyed Mohammad Sadr, Ali Akbar Ahmadian, Seyyed Kamal Kharrazi, Mohammad Bagher Zolghadr, Abbas Ali Kadkhodaei, Mohammad Mokhber.

Secretary: Mohammad Baqer Zolqadr.

Changes in members during the period: Ali Shamkhani was appointed as a new member by the Leader on May 22, 2023. Parviz Davoodi, one of the real members, passed away on April 18, 2024.

Presidency of the Council

The chairmen of the Expediency Discernment Council since its establishment are:


Ayatollah Seyyed Ali Khamenei from 7 February 1988 to 3 June  1989.

Ayatollah Akbar Hashemi Rafsanjani from 4 October 1989 to 7 January 2017.

Ayatollah Mohammad Ali Movahhedi Kermani from 4 February 2017 to 12 February 2018.

Ayatollah Seyyed Mahmood Hashemi Shahroodi from 14 August  2018 to 24 December 2018.

Ayatollah Sadegh Amoli Larijani from 30 December 2018  to present.

Duties and Objectives

According to the Constitution of the Islamic Republic of Iran, eight duties have been assigned to this assembly, four of which are general and continuous duties and four duties  are in specific and temporary situations and circumstances.


The four general duties of the Expediency Discernment Council are:

·       Discerning expediency between the views of the Islamic Consultative Assembly and the Guardian Council

·       Preparing and proposing draft general policies of the system (Islamic Republic) in implementation of Article 110, Paragraph 1 of the Constitution

·       Resolving problems of the Islamic System upon referral by the Supreme Leader

·       Expressing opinions on inquiries related to the Expediency Discernment Council


The four sectional tasks of the Expediency Discernment Council are:

·       Consulting on matters that the Supreme Leader of Iran refers to the Assembly in implementation of Article 112 of the Constitution

·       In the event of the death or resignation of the Supreme Leader or dismissal by the Assembly of Experts of the Supreme Leader, forming a three-member council to handle the responsibility  under the authority of the Supreme Leader

·       Approving the resolutions of the Supreme Leader of Iran in the event of dismissal, resignation, or death of the then Supreme Leader (during the existence of the Supreme Leader, this Approving is the responsibility of the Supreme Leader himself)

·       Participation in the Council for the Revision of the Constitution of the Islamic Republic of Iran, based on Article 177 of the Constitution

Discriminating between the opinions of the Islamic Consultative Assembly and the Guardian Council

One of the most important duties of the Expediency Discriminatory Council is to determine expediency in cases where the Guardian Council considers an act passed by the Islamic Consultative Assembly to be contrary to the principles of Sharia or the Constitution and the Assembly, considering the expediency of the Islamic System, does not approve the opinion of the Guardian Council[3].

Expediency of the Islamic System

The main task of the Islamic Consultative Assembly is to legislate with expertise and expediency for the benefit  of society. The Guardian Council also acts as a supervisory authority over the approvals of the Assembly, based on the criteria that these laws do not conflict with Islamic standards and principles of law. Therefore, it seems that the initiative to determine expediency is solely the responsibility of the Assembly, and the Guardian Council does not play a role in determining expediency, and announces the discrepancy or non-contradiction of the stated expediency through its own investigations.

In this case, if the resolution passed by the Majlis is approved by the Guardian Council, that resolution can be implemented as a national and social interest. However, if this resolution is not approved and the Majlis also considers its implementation to be in the best interest of society and its non-implementation to be corruptive, then there is a conflict between the best interest of society (national and social interest) and the principles of Islam or the Constitution.So the combination of these two will be impossible and will cause a political deadlock that may undermine the principle of comprehensiveness and sovereignty of the Islamic System, which is not in the interest of the Islamic System. In such circumstances, there is a need for another supervisory authority, which is referred to in the constitution as the Expediency Discernment Council.

Referring the disputed resolution to the Expediency Discernment Council

According to Article 25 of the internal regulations of the Expediency Discernment Council, approved on March 17, 1997, if the Guardian Council does not approve the resolution passed by the Islamic Consultative Assembly and the Assembly insists on its own opinion, the resolution is sent by the Islamic Consultative Assembly to the Expediency Discernment Council.

The President can also request the Assembly to consider the resolution. The Speaker of the Assembly, in cases where he deems it necessary, places the conflicting resolution in the Assembly's agenda. In the case of a conflict between the Islamic Consultative Assembly and the Guardian Council, after raising and explaining the issue, a member of the Guardian Council, then the head of the relevant committee in the parliament, and then the minister or head of the department to which the issue under discussion relates will provide the necessary explanation, then two in favor and two against will express their opinions, and then a vote will be taken.

The range of the Expediency Council 's powers in resolving disputes between the the Guardian Council and the Parliament

The Expediency Council, after study  the disputed issue and considering the expediency of the Islamic System, approves the decision of the Majlis or the opinion of the Guardian Council as the final expediency, or declares an independent opinion as the Expediency of the Islamic System. If the legal action of the Expediency Council is in favor of the opinion of the Guardian Council, then the implementation of the principles of Islam or the Constitution in that regard will be the same as the Expediency of the Islamic System.

However, if the opinion of the Assembly, for any reason, is to disapprove or reject the opinion of the Council, then: either by relying on secondary titles and rulings, such as necessity, harmlessness, hardship, and conflict of importance issues and so on, the primary mandatory rulings are temporarily suspended or permanently lifted, or by recognizing the public interest, in order to preserve the principle of the Islamic System, the survival of the country, the health of society, the regulation of affairs, and so on, those governmental rulings over other individual and social rulings based on the most important interest are established and will be mandatory.

Validity of Assembly Resolutions

Although the Expediency Discernment Council is an arm of the leadership and has a higher political position than other political institutions (except the leadership institution), the council's resolutions in resolving disputes between the parliament and the Guardian Council are considered  as ordinary law.

And without a doubt, if  after the implementation of the Assembly's resolution, the development of society requires another need, the Assembly can enact a new law or change and amend the previous law. Normally, in this case, the new law will abrogate the previous law, and this right for the Assembly is even stipulated in the Guardian Council's interpretative opinion.Also, in the event of an implicit conflict between the resolutions of the Assembly and the resolutions of the Majlis, the criterion will be the date of approval of the two resolutions, it’s means that in cases of conflict, the later law (approved by the Majlis or the Assembly) repeals the earlier law (approved by the Majlis or the Assembly).

Solving the Islamic  System's problems with referral from the leadership

The internal regulations of the Expediency Discernment Council, approved on October 25, 1997, explains as fpllows: In the case of a problem referred by the Supreme Leader, after the issue is raised and explained in the Expediency Discernment Council , the minister or head of the relevant department who raised the problem will explain, and then two members  in favor and two against will express their opinions, and then a vote will be taken.Resolutions related to resolving problems are formulated and arranged in the form of a single article or articles and notes. In these cases, the results of the exchange of views and the final vote of the Expediency Discernment Council are reported to the Supreme Leader so that a decision can be made on how to communicate it for action or information and announced to the Expediency Discernment Council.

The decisions of the Expediency Discernment Council in resolving the problems of the Islamic System are final and binding upon notification, and according to the interpretative opinion of the Guardian Council: None of the legislative authorities has the right to reject, annul, or revoke the decision of the Expediency Discernment Assembly.


References

  1. Raji, Seyyed Mohammad Hadi and Mohammad Amin Abrishami Rad.(2018). A Reflection on the Range of the Authority of the Expediency Discernment Council in Approving Unconstitutional Resolutions, Tehran: University Law Studies Quarterly, No. 3.
  2. Members of the Expediency Discernment Council, Retrieved March 25, 2025, from https://www.maslahat.ir
  3. Seyyed Mohammad.( 2023).Basic Laws of the Islamic Republic of Iran, Vol. 2, Tehran:Mizan Publications.