Iraq’s Supreme Court end parliamentary term, limits cabinet to caretaker duties

BAGHDAD — Iraq’s Federal Supreme Court ruled Monday that the current parliament’s term has ended and that the cabinet formed under it is now restricted to caretaker functions only, responding to a request from President Abdul Latif Rashid to interpret Article 56 of the Constitution.

The court said the date of the general election marks the end of the constitutional mandate for both the Council of Representatives and the executive authority drawn from it, adding that any legislative or executive action after that date lacks constitutional basis unless it falls under “daily caretaker affairs.”

Iraq held its parliamentary elections on Nov. 11, and the Independent High Electoral Commission released preliminary results on Wednesday.

The ruling states that parliament’s four-year term ends exactly four calendar years after its first session and that the cabinet’s full powers expire at the same time. From election day onward, the government may issue only “non-deferrable decisions” needed to maintain public services, excluding actions such as signing international treaties, proposing legislation, approving loans, appointing or dismissing senior officials, or restructuring ministries.

The judgment also clarified that the president continues to perform his duties until the new parliament convenes and elects a successor.

Once final election results are ratified, the president must call the newly elected parliament into session. Lawmakers then elect a speaker and later choose a president, who in turn tasks the nominee of the largest bloc with forming a cabinet. The prime minister-designate must present the government to parliament for a confidence vote.

The Independent High Electoral Commission is expected to announce final election results later Monday.