Iraq’s Supreme Judicial Council extends electoral commission’s term, stepping over parliamentary deadlock

BAGHDAD — The Iraqi Supreme Judicial Council has extended the term of the Independent High Electoral Commission by two years, to ensure the continuity of constitutional institutions and the smooth conduct of upcoming elections.

In a session held on Jan. 8, 2025, the Council addressed a request from IHEC regarding the expiration of its legal mandate and its desire to continue its work. The Council emphasized the importance of IHEC’s role in organizing elections and ensuring the peaceful transfer of power through democratic means, as stipulated in Articles 5 and 6 of the Iraqi Constitution.

The Council noted that, according to Article 3 of the Independent High Electoral Commission Law No. 31 of 2019, it holds the authority to select IHEC members. Given that the current members’ term was set to expire on Jan. 7, 2025, and considering the challenges in obtaining parliamentary approval for an extension due to the lack of sessions, the Council decided to extend the commissioners’ term to prevent a constitutional or legal vacuum.

The Council stated, “In the absence of a political consensus to the contrary, the Parliament retains the legislative authority to amend Law No. 31 of 2019 concerning the Independent High Electoral Commission.”

This extension aims to ensure that IHEC can effectively oversee the upcoming elections, maintaining the integrity of Iraq’s democratic processes, it says.

The term of Iraq’s Independent High Electoral Commission expired on Jan. 7, 2025. Despite the urgency to extend the commission’s mandate to oversee upcoming elections, the Iraqi Parliament failed to convene a session to address the matter before the deadline. On Jan. 2, Speaker of Parliament Mahmoud Al-Mashhadani announced an extraordinary session to deliberate on extending IHEC’s term. However, due to insufficient attendance, the session failed to meet quorum, leaving the commission’s status unresolved.

Majid Shingali, a Kurdistan Democratic Party MP, criticized the extension, arguing that “the authority to extend the term of the Electoral Commission rests solely with Parliament.” In a post on X, formerly Twitter, Shingali wrote, “The extension of the commission’s term is an exclusive power of the Iraqi Parliament, which can only be done through amending the Independent High Electoral Commission Law. No other authority has the right to make this decision.” He pressed the need for the commission to be composed of “experts rather than judges.”

Similarly, Dr. Mohammed Sadiq Khushnaw, another KDP parliamentarian, expressed opposition to the extension in an official party statement, saying, “The commission’s term has been extended multiple times already. It is time for a new commission to be appointed, not for the current term to be prolonged again. As the KDP, we do not support this extension.”

In contrast, the Patriotic Union of Kurdistan expressed support for the extension. Kamal Agha, head of the PUK parliamentary bloc in Baghdaad, told 964media on Monday, “We believe it is better to extend the term of the current commission rather than selecting an entirely new one at this critical time.” He added, “Many factions within the State Administration Coalition, including Shia, Sunni, and Kurdish parties, agree on the necessity of the extension.”