Iran's Lawmaking Process: Understanding How Bills Become Laws

The Islamic Assembly, also known as Majlis, is the only institution with the authority to make laws in Iran, as outlined in Article 58 of the Constitution. The process of turning a bill into a law in Iran involves several stages, including proposal, sponsorship, and review by the Guardian Council to ensure compliance with Sharia law and the Constitution. The bill then undergoes a first and second round of procedures, with the possibility of being fast-tracked under urgent review mechanisms. The final approval of a bill rests with the Islamic Parliament of Iran, which follows specific rules and procedures for its legislative functions.

The Islamic Assembly (Majlis) is the only institution with the authority to make laws

The Islamic Assembly, also known as Majlis, is the only institution with the authority to make laws in Iran. This is according to Article 58 of the Constitution.

There are several types of bills that can be introduced to legislators in Iran. One type is a proposal relevant to the duties and responsibilities of city councils. Another type is a proposal draft that has been approved by the government's cabinet council. A minimum of 15 members must sponsor a bill.

The role of the Guardian Council is to examine the bill to ensure that the proposed law aligns with Sharia law and the principles of the Constitution. The political and religious opinions or orders of the Supreme Leader are considered Sharia law to the clerical members of the Guardian Council.

If the Guardian Council rejects a bill, there is a second round of procedures that can be implemented. If the Guardian Council's opinion is approved, the bill can be modified based on this. Alternatively, Parliament can insist on its decision, and there is a road to bypassing the Guardian Council.

There are two types of pathways when reviewing bills in Parliament: normal and prioritized. A normal review involves a two-session review, where generalities are reviewed in the first session and details are discussed in the second. A prioritized review involves a one-session review, where generalities and details are reviewed in a single session. Single-session bills are processed through three different mechanisms, depending on their urgency.

A minimum of 15 members must sponsor a bill

In Iran, a bill can be drafted by any member of Congress—either from the Senate or the House of Representatives. These ideas can come from the members of Congress themselves or from everyday citizens and advocacy groups. The member of Congress who is the primary supporter of the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

In the case of the "Stop Iranian Drones Act (SIDA)", introduced on November 30, 2021, the bill was sponsored by 15 Republicans and 8 Democrats. This means that a minimum of 15 members of Congress must sponsor a bill for it to be introduced and considered by Congress.

The process of a bill becoming a law in Iran typically involves the following steps:

• Bill is drafted: Any member of Congress can draft a bill, and they become the "sponsor" of the bill.
• Bill is introduced: If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate.
• Bill goes to committee: The bill is referred to a committee for examination and to determine its chances of passage.
• Subcommittee review: The bill may be referred to a subcommittee for further study and hearings.
• Committee mark-up: The committee makes changes and amendments before recommending the bill to the "floor".
• Voting by the full chamber: The bill reaches the floor for debate, and members vote to approve any amendments. The bill is then passed or defeated.
• Referral to the other chamber: The bill is referred to the other chamber, where it follows a similar route through committees and, finally, to the floor.
• The bill goes to the President: After both chambers have approved a bill in identical form, it is sent to the President for approval or veto.
• Overriding a veto: If the President vetoes a bill, Congress may attempt to override the veto with a two-thirds majority vote in both the Senate and the House.

It is important to note that the legislative process in Iran may differ from the general outline provided above and can be complex, with various committees and steps involved.

The Guardian Council ensures the bill is in line with Sharia law and the Constitution

The Guardian Council is a 12-member council with considerable power and influence in the Islamic Republic of Iran. It is composed of six Islamic faqihs (experts in Islamic Law) and six jurists specializing in different areas of law. The Council plays a central role in controlling the interpretation of Islamic values in Iranian law.

The Iranian constitution gives the council three mandates: veto power over legislation passed by the parliament (Majlis), supervision of elections, and approving or disqualifying candidates seeking to run in elections. The Council has veto power over all legislation approved by the Majlis. It can nullify a law on two grounds: being against Islamic laws or being against the constitution. While all the members vote on the laws being compatible with the constitution, only the six clerics vote on their compatibility with Islam.

The Guardian Council, as a watchdog, ensures that laws are in line with the Constitution and Sharia. For instance, in 2020, the Council found issues with an anti-terror finance bill known as CFT, stating that it contravened either the Sharia or the Constitution or was nebulous. The bill was sent back to the Majlis for reconsideration.

The Council has been criticized for its lack of transparency in decision-making, arbitrary disqualifications of candidates from elections, and vetoing bills that are in favor of women's rights, electoral reform, and the prohibition of torture.

The bill is reviewed by the Guardian Council

The Guardian Council plays a crucial role in the legislative process in Iran, as it is tasked with reviewing and approving bills before they can become laws. This body ensures that any proposed legislation aligns with the country's Sharia law and the principles outlined in the Constitution. With their decisions carrying significant weight, understanding the Guardian Council's role in the law-making process is essential.

The Guardian Council's primary function is to act as a gatekeeper, scrutinising bills to ensure they meet the necessary criteria. This review process is detailed and comprehensive, as the Council examines the content of each bill to verify its compatibility with Sharia law and the Constitution. This step is critical, as it helps maintain the consistency and integrity of Iran's legal framework.

The Council's interpretation of Sharia law is influenced by the opinions and directives of the country's Supreme Leader. As a result, the Supreme Leader wields considerable indirect power over the legislative process, even without directly proposing or drafting legislation. This dynamic underscores the unique interplay between politics and religion in Iran's law-making process.

In addition to reviewing bills, the Guardian Council can also modify them based on its own opinions and interpretations. This power allows the Council to shape the final form of legislation, ensuring it aligns with the country's religious and legal principles. However, this power is not without its controversies, as it gives the Council significant influence over the direction and content of Iran's laws.

The process by which a bill becomes a law in Iran is a complex one, and the role of the Guardian Council is central to this process. The Council's review and approval are mandatory steps, and their decisions can shape the legislative landscape of the country. As such, the Council serves as a critical link in the chain of events that takes an idea and transforms it into a law that governs the lives of Iranian citizens.

The bill is then approved by the Guardian Council

The Guardian Council plays a crucial role in the legislative process in Iran, as it is tasked with ensuring that any proposed bill conforms with Sharia law and the principles of the Constitution. This includes adhering to the political and religious opinions or orders of the Supreme Leader, which are considered Sharia law by the clerical members of the Guardian Council.

The bill must go through two rounds of procedure for approval by the Guardian Council. The first round involves a review by the relevant commission, which presents the bill to Parliament as a priority outside of the regular schedule. If the Guardian Council rejects the bill during this first round, the procedure continues until the bill is approved, with the possibility of a second round of review.

In the case that Parliament insists on its decision, there is a road to bypass the Guardian Council. This includes two types of pathways: a normal two-session review, where generalities are discussed in the first session and details in the second; and a prioritised one-session review, where both generalities and details are addressed in a single session.

The "Bill to Support the Culture of Chastity and Hijab", for example, is currently in its final procedural stage before potential approval by the Guardian Council. This bill aims to impose severe penalties on women and girls who defy compulsory veiling laws, further codifying oppressive methods of policing and punishing those who stand up for their rights.

Frequently asked questions