Tehran, Sept 27, IRNA -- The bill to amend the law on presidential
authority is against the Iranian Constitution, and in parts is the
same act that was 'categorically' rejected by the Guardians Council
(GC) in 1986, an official said here today.
Head of GC Research Center Gholam-Hussein Elham said the bill was
an updated version of a previously rejected move with new guarantees
that the president's warnings on violations of the Constitution are
heeded and taken into effect.
Khatami's long-awaited bill to bolster his executive authority was
presented to the parliament Tuesday.
The bill redefines presidential prerogatives by highlighting
president's right to warn any of the highest ranking officials of the
three constitutional powers whenever needed and mete out punishment in
case the warning is not heeded.
Elham said it was on the GC to officially declare that the
articles of the 1986 law have been cancelled, but stressed that the
Council had not yet been asked to do so.
He further said interpreting the Article 113 of the constitution
that makes the president responsible for implementing the constitution
could also help to clarify the dark points in that area.
"Still, the reaction of the Judiciary Head Ayatollah Mahmoud
Shahroudi to President Khatami's warning over a breach of the
Constitution was a clear sign that Shahroudi does not accept the
presidential prerogative to give warnings on constitutional
violations, as stipulated in the law of 1986," Elham said.
The head of GC Research Center cited further discrepancies with
the constitution in the bill where it calls for the establishment of a
bench at the Supreme Court comprised of experts appointed by the
Judiciary, parliament and cabinet to arbitrate over court rulings
which the president regards as unconstitutional.
"The bill has influenced the relations between the three branches
of the government and has prepared the ground for the establishment
of new institutions that would perform outside the framework of
the Constitutions," he said.
Elham added that the establishment of a special branch within the
Supreme Court would be an interference in the Judiciary, as the only
authority to issue guarantees to implement the rulings.
He further said the president is not the authority to identify
violations of the Constitution so as to consider guarantees for court
rulings in that connection.
Elsewhere in his remarks, Elham said the bench at the Supreme
Court would replace the Court itself, stressing that this contradicts
the Article 161 of the constitutional law that declares Iran's Supreme
Court as the only authority entitled to supervise the implementation
of laws in the courts.
Head of GC Research Center further criticized part of the bill
that enables the president to sue heads of branches of the government
in courts if they ignore his warnings on constitutional violations.
Under the bill, if an official from an institution such as the
Judiciary ignores the president's warning, he or she could be
suspended from the civil service for up to three years for the first
time and for life in case the negligence is repeated.
Still, Elham said, there is a good point with the bill to allocate
a sum as a compensation for cases where the Iranian citizens have
suffered a loss as a result of violation of the constitution.
Khatami first made his intention to present a bill for
strengthening presidential prerogatives late last month "in order to
better respond to the aspirations of the people".
On Monday, he said that "the bill aims to outline presidential
authorities for a more exact and serious execution".
The announcement has been met with mixed reaction, with some
people saying that the bill was contrary to the Constitution, since
it sought excessive authority for the president and interfered in
other state powers.
Others have hailed it, saying it could enable Khatami to deliver
better on his promises of establishing rule of law and a civil
society.