Iraq’s Supreme Judicial Council defends extending electoral commission’s mandate

BAGHDAD — Iraq’s Supreme Judicial Council defended its decision to extend the mandate of the Independent High Electoral Commission for two years, stating that the move was necessary to ensure the upcoming parliamentary elections proceed on schedule and avoid a leadership void.

The extension, announced in a statement by the council, comes as parliament has failed to act on IHEC’s request to extend its term, which was set to expire on Jan. 6, 2025.

The council emphasized the critical role of IHEC in overseeing elections, arguing that a disruption in its operations could delay the electoral process and risk a constitutional crisis. “This decision reflects our commitment to preserving Iraq’s democratic process and ensuring elections occur within the constitutional timeline,” the Supreme Judicial Council said in its statement.

Criticism arose over the Supreme Judicial Council’s decision to extend the electoral commission’s mandate, with KDP MP Majid Shingali arguing that “the authority to extend the term rests solely with parliament.” In a post on X, formerly Twitter, he stated, “This can only be done through amending the law, and no other authority has the right to make this decision,” calling for the commission to consist of “experts, not judges.”

The judiciary’s decision is based on its authority under Article 3 of Law No. 31 of 2019, which grants the council the power to address such issues in the absence of parliamentary action. The council stated that retaining the current IHEC members was crucial, citing their qualifications and experience in managing previous national and regional elections. It further noted that replacing members at this stage would jeopardize the election timeline due to the time needed to train new appointees.

“Replacing the members at this time would not serve any practical benefit,” the council said, “especially given the limited time available before the elections.”

While extending the mandate, the Supreme Judicial Council underscored the temporary nature of the measure, reaffirming that Parliament holds exclusive authority to amend laws governing IHEC or decide on its composition. The judiciary urged lawmakers to address the matter in the near future.

The council’s statement highlighted the necessity of this extension to avoid political instability. “This decision ensures the commission can fulfill its duties and organize elections as scheduled,” it said.

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, the session failed to meet quorum, leaving the commission’s status unresolved.