EghtesadOnline: The Guardians Council–a watchdog body that ensures laws are in line with the Iranian Constitution and the Islamic law–has found the parliament-approved bill on establishing a Commerce Ministry to be against articles 85 and 133 of the Iranian Constitution and sent it back to Majlis for reconsideration, Abbasali Kadkhodaei, the council’s spokesman, was quoted as saying by Otaghiranonline.ir.
On Sept. 25, Iranian parliamentarians agreed in principle to the formation of Commerce Ministry–with 132 votes in favor and 78 against while eight abstained from voting–by splitting the current Ministry of Industries, Mining and Trade.
According to Financial Tribune, following is the text of articles 85 and 133 of the Iranian Constitution:
Article 85: Membership in the assembly [parliament] is vested in an individual and cannot be delegated to another person. The assembly cannot delegate the power of legislation to a person or a commission. However, in urgent cases, it can assign the power to legislate certain laws to its own internal commissions, in accordance with Article 72. In this case, the laws will be implemented experimentally and for a period of time specified by the assembly. Their final approval will be determined by the assembly.
However, the Iranian Parliament can, in accordance with Article 72, delegate to the government or appropriate commissions the task of making a permanent ratification of the articles of association of state companies, institutions and establishments or government affiliates. In this case, the decisions of the government must not differ from the principles and decrees of the official religion of the country or the constitution; as indicated in Article 96, the Guardians Council will evaluate this matter.
In addition, government decrees must not contradict the general laws and regulations of the country. As they are released for implementation, they must be communicated to the head of the parliament to be evaluated and determined in accordance with the aforementioned laws.
Article 133: Ministers are appointed by the president of the republic and introduced to the assembly to obtain the vote of confidence. A change in the assembly does not necessitate that a new vote of confidence should be received for the ministers. The law determines the number of ministers and the limits of their authority.
The Guardians Council's decision helps retain the current shape of the Ministry of Industries, Mining and Trade, which ex-president, Mahmoud Ahmadinejad, formed during his last days in office in 2012 in a purported bid to create a streamlined and efficient administration.