GC's Supervision Essential in All Stages of Elections
May 26, 1999 - 0:0
TEHRAN A lawyer and university professor, Gholam Hussein Elham, said that supervision of the Guardian Council (GC) should be seriously enforced in all stages of elections. He told the TEHRAN TIMES that from the outset the authorities tasked with making certain that election laws are fully observed should work side by side with those carrying out the elections. He said that when the Guardian Council notices any violation at any stage of the elections it should take legal action to counter it, which is the inherent meaning of approbatory supervision.
Supervision aimed at preserving the rights of the nation and ensuring freedom of choice in elections is not only necessary but the reasoning behind it is self-evident, Elham emphasized. He said that if republicanism in the Islamic system means the people's right to determine their own fate within the framework of the Constitution, then ensuring protection of the people's political rights calls for existence of a supervisory organization Elham further said that in the past and in the pre-revolution period responsibility and authority for the implementation of and supervision over elections were both entrusted to the Interior Ministry, adding that such supervision lacked sufficient indep The professor pointed out that the Constitution of the Islamic Republic of Iran provides that the body supervising the elections should be independent.
He said that since the Guardian Council is an independent body and is vested with the responsibility of safeguarding the Sharia and the Constitution, it is a proper and trustworthy entity for supervising the elections. Dr. Elham added that the most important issue raised by the opponents of the GC's supervision is the qualifications of the candidates taking part in the Majlis elections- something which is a separate matter and not related to the concept of supervision Of course groups outside the sovereignty of the Islamic system, that is, groups opposed to the Islamic nature of the system, want to eliminate any and all conditions for candidacy.
He added that some groups raise their voices against any conditions or qualifications for candidacy, which is quite a separate matter from discussions over the very concept of supervision and can be simply addressed by passing corrective laws within the Dr. Elham said that obviously it is not possible not to maintain any conditions for those who might be undertaking legislative responsibilities and representing the nation.
Foregoing this, any foreign national can also be eligible to be elected to another country's parliament, he added. He said if the differences deal with criteria for candidates winning a seat in the parliament, this does not bear on the supervision and is in the jurisdiction of the Majlis itself, which is entitled to amend the laws and its internal regulations within The Guardian Council only supervises the proper implementation of the law, therefore law takes precedence supervision.
He noted that the next Majlis will not differ from those elected thus far and supervision should be enforced in accordance with the law as before. The government, which has today announced a law-abiding society as one of the main programs on its agenda, should seriously observe the principle of the Guardian Council's supervision which is provided for in the Constitution. Elham said that interpretation of laws dealing with the concept of supervision is also among the responsibilities of the Guardian Council, and this cannot be altered by he government or the Majlis. He added that considering the importance of the rule of law in the country, qualifications for Majlis representatives must be more strict and precise so that it helps make the country's political system more efficient.
Supervision aimed at preserving the rights of the nation and ensuring freedom of choice in elections is not only necessary but the reasoning behind it is self-evident, Elham emphasized. He said that if republicanism in the Islamic system means the people's right to determine their own fate within the framework of the Constitution, then ensuring protection of the people's political rights calls for existence of a supervisory organization Elham further said that in the past and in the pre-revolution period responsibility and authority for the implementation of and supervision over elections were both entrusted to the Interior Ministry, adding that such supervision lacked sufficient indep The professor pointed out that the Constitution of the Islamic Republic of Iran provides that the body supervising the elections should be independent.
He said that since the Guardian Council is an independent body and is vested with the responsibility of safeguarding the Sharia and the Constitution, it is a proper and trustworthy entity for supervising the elections. Dr. Elham added that the most important issue raised by the opponents of the GC's supervision is the qualifications of the candidates taking part in the Majlis elections- something which is a separate matter and not related to the concept of supervision Of course groups outside the sovereignty of the Islamic system, that is, groups opposed to the Islamic nature of the system, want to eliminate any and all conditions for candidacy.
He added that some groups raise their voices against any conditions or qualifications for candidacy, which is quite a separate matter from discussions over the very concept of supervision and can be simply addressed by passing corrective laws within the Dr. Elham said that obviously it is not possible not to maintain any conditions for those who might be undertaking legislative responsibilities and representing the nation.
Foregoing this, any foreign national can also be eligible to be elected to another country's parliament, he added. He said if the differences deal with criteria for candidates winning a seat in the parliament, this does not bear on the supervision and is in the jurisdiction of the Majlis itself, which is entitled to amend the laws and its internal regulations within The Guardian Council only supervises the proper implementation of the law, therefore law takes precedence supervision.
He noted that the next Majlis will not differ from those elected thus far and supervision should be enforced in accordance with the law as before. The government, which has today announced a law-abiding society as one of the main programs on its agenda, should seriously observe the principle of the Guardian Council's supervision which is provided for in the Constitution. Elham said that interpretation of laws dealing with the concept of supervision is also among the responsibilities of the Guardian Council, and this cannot be altered by he government or the Majlis. He added that considering the importance of the rule of law in the country, qualifications for Majlis representatives must be more strict and precise so that it helps make the country's political system more efficient.