Halbousi asks Supreme Court to interpret constitution after parliament fails to elect president

BAGHDAD — Parliament Speaker Haibat al-Halbousi on Sunday formally requested the Federal Supreme Court to interpret a constitutional provision concerning the continuation of the president’s duties after parliamentary elections, following parliament’s failure to elect a new president within the specified timeframe.

In a letter to the court, Halbousi requested clarification of Article 72 (Second) (B) of the constitution, which states: “The President of the Republic shall continue to exercise his duties after the end of the elections of the new Council of Representatives and its first meeting, provided that a new President of the Republic is elected within thirty days from the date of its first session.”

Halbousi wrote that “the election of the President of the Republic did not take place within the period stipulated in the above article, despite the Council of Representatives’ commitment to holding its sessions to complete this constitutional entitlement.” He said “the lack of the required legal quorum in more than one session prevented this from being achieved.”

He added that parliament continues to convene sessions “without including the item of electing the President of the Republic, due to the failure to achieve the stipulated two-thirds quorum.”

Halbousi asked the court to “provide the legal opinion on how to deal with this situation, in a manner that ensures adherence to the constitution and the protection of state entitlements.”

Under Article 72, parliament must elect a president within 30 days of its first session. The deadline has passed without a vote, as repeated sessions were postponed due to the absence of the required quorum.

The position has been at the center of a dispute between the Kurdistan Democratic Party and the Patriotic Union of Kurdistan. On Feb. 11, PUK spokesperson Karwan Gaznay said a meeting between KDP leader Masoud Barzani and PUK President Bafel Jalal Talabani “witnessed a positive meeting … in an atmosphere characterized by complete calm,” but denied any agreement had been reached.

“We officially deny these rumors in their entirety and confirm that any agreement reached between the two sides will be officially announced to the public,” Gaznay said.

The dispute has contributed to delays in government formation following the 2025 elections, with parliament postponing multiple sessions without setting a new date.