20 /تیر/ 1386

Statements of His Excellency in Meeting with Members of the Guardian Council and Supervisory Bodies

11 min read2,027 words

In the Name of God, the Most Gracious, the Most Merciful

We welcome our dear brothers and sisters, the esteemed members of the Guardian Council and the members of the supervisory bodies who have taken on these significant and important responsibilities, and God willing, may they fully attain divine satisfaction in fulfilling these heavy duties.

The issue of the Guardian Council in our country's constitution is a very important and unique matter. Both the duty of determining the compliance of parliamentary laws with the sacred Sharia and the constitution is a very significant responsibility; without this duty, the continuation of the Islamic and lawful nature of the government is not guaranteed at all - this is the sensitive point that guarantees the continuation of the Islamic life of this system. The duty of interpreting the constitution is also a very heavy and important responsibility; when a principle of the constitution is ambiguous for any reason, the opinion of the Guardian Council is decisive; and the credibility of the Guardian Council's opinion is equal to the credibility of the constitution itself. This is a very important matter. Additionally, the duty of the Guardian Council to oversee elections and ensure the integrity of elections is among the very significant and important tasks assigned to the Guardian Council by the constitution. If there is no oversight by the Guardian Council, and if the validation of the elections is not carried out by the Guardian Council, the very essence of these elections will be called into question and will lose its credibility; whether it is parliamentary elections, Assembly of Experts elections, presidential elections, or any elections overseen by the Guardian Council. These duties, one more important than the other, have all been placed on the shoulders of the Guardian Council.

The foresight of the Guardian Council in the constitution not only demonstrates a deep and correct understanding of the channels of governance in the country, but also, due to its similarity to other rational systems, is considered a correct, sound, and wise action. On the day the issue of the Guardian Council was raised - of course, the principle was that there should be a supervisory body to ensure the Islamic and lawful nature of the Islamic government's actions - this idea came to mind; however, even on that day, when we looked at the institutions of the contemporary world and the modern world, we saw that such a thing exists almost everywhere. In no stable rational system can one assume or find a place where there is no body to monitor and oversee the implementation of the principles governing that system; this is everywhere. Of course, the governing principles of each system, the values recognized in each system, differ from one another; but almost everywhere there is an institution that confirms, endorses, and certifies that the actions being carried out by the government are in line with the values and objectives of that system. Now, in some places, it is called a constitutional court, in others, for example, a guardian of the constitution - they have such expressions - here it is the Guardian Council.

We have seen from the beginning of the revolution until now that some have raised objections to the very existence of the Guardian Council on various occasions. In our view, this objection was both unfair and indicative of a lack of awareness of global issues; a lack of awareness of the realities of the world. Without the Guardian Council, without an institution that guarantees the integrity of the path that the government is pursuing, it is unreasonable for a system with principles, values, and objectives to be able to pursue its work.

Therefore, the establishment of the Guardian Council in the constitution was a necessary, essential, and completely sound and wise action. Today, as we progress further, we realize more the importance of the presence of the Guardian Council. Multiple pieces of evidence from all sides clarify for us what a correct thought it was to place this council in the constitution, and what a great favor God the Almighty has done for this action, and our dear Imam Khomeini (may his soul be sanctified) who stood firmly against doubts and defended the Guardian Council; what a great work he was doing and what he had in mind.

If you have noticed, the enemies of the Islamic system also, in their propaganda, one of the points they continuously bombard - perhaps there is no period in which they forget this point - is the Guardian Council. They are unhappy with the existence of this important and influential body. And we must truly thank the esteemed gentlemen in the Guardian Council - both the esteemed jurists and the respected legal scholars - who, despite being a seemingly small organization, have been able to carry out this great task, while maintaining the necessary considerations that the people expect from them. The people expect the council to carry out its actions with sound reasoning from a legal standpoint; there should be unity and cohesion within the council and in its performance; the council should not delay in its work; it should carry out its tasks timely and promptly. All of these, thanks be to God, have been realized during this long period of the council's responsibility.

Regarding the oversight and the work that the supervisory bodies carry out, which ultimately leads to the Guardian Council and its judgment, I would like to say that this is also very important. If some people raise objections, criticize, or make excuses, questioning the very essence of this work, this is not unexpected - after all, there are various opinions - what is important is that the individual and that operational body know what task is assigned to them and what they are doing.

The work you are doing is very important. This work essentially means that those who are to make decisions for the country and the nation - whether in the form of the Assembly of Experts, the Islamic Consultative Assembly, or the presidency - and the fate of the country is entrusted to them, must possess the necessary qualifications. It is not permissible to place anyone in charge of the fate of the people. It is not permissible to allow anyone, regardless of their behavior, ethics, beliefs, tendencies, and knowledge, to come and legislate for a country of seventy million people, with such greatness and history; they must meet certain conditions. The one who is to elect the leader has conditions, qualifications; not everyone can come to recognize the leader, elect the leader, or dismiss the leader; these are the responsibilities of the Assembly of Experts. Those with high qualifications possess such authority. Or those who are to legislate for this country, meaning they are to lay the tracks for the executive branch and the operational forces of the country and say that the government train must pass through this track, in reality, the fate of the country is in their hands. It is not permissible for anyone without the necessary qualifications to sit in this sensitive position; qualifications are required. Who should determine these qualifications? Is there not a need for a body to determine whether these qualifications exist in this person or these individuals? It is evident and clear that a body is necessary; this body is the Guardian Council and the supervisory bodies that it has. See how important this work is. When we understand how important it is, we then understand why some currents that are not pleased with the Islamic system attack this work so much, assault it, and propagate against it. The foreign propaganda apparatuses also do the same. Always, especially when there is an election, one of their constantly repeated points is the issue of oversight and the Guardian Council and disqualification.

Proving qualifications, endorsing qualifications, or disqualifying qualifications is a duty. If we remove this from the activities of the system, nothing will remain for the system. How can they allow a person who does not have a strong belief in the foundations of the system; who, in terms of practical conduct, is not a sound, independent person with a direct method and ethics; who, politically, has less attachment to the issues of his country and people than to the interests of foreigners, to hypothetically be placed at the head of the executive apparatus or in the legislative position? Is this permissible? The oversight of the Guardian Council in electoral matters is one of the most important tasks it performs; it is a very important task, a very necessary task. We should not pay any attention to the propaganda against this work. Of course, the work must be done correctly. As important as the work is, the integrity of the work is equally important. This means that the criteria must be understood correctly, and acceptance or rejection must be based solely on these criteria. There should be no deviation from these criteria, no negligence, and no oversight.

The criterion is the regulations and the law. Preferences should not interfere. Political inclinations, group inclinations, factional inclinations should not interfere. Recommendations and suggestions should not interfere. The criterion must be, between oneself and God, the same legal criterion; both in the matter of oversight and in the matter of accepting or rejecting parliamentary laws. The criterion must only be the legal criterion. The law must be observed. Sometimes it may seem to a person that if we act according to the law here, it may not be in the interest. In that very place, observing the law is more important and necessary than observing that interest; because if it is decided that the criteria and regulations will be compromised based on the opinions of individuals and the interests of this or that person, then no regulation will remain; one day someone may see one interest, another day someone else may see another interest, or on one day two people may see two different interests; thus, no law will remain, no regulation will remain. The regulation takes precedence over any interest consideration, over any perspective and view. Of course, in the jurisprudential or legal interpretation in the Guardian Council, changes may occur; this is not a flaw; for every jurist, a change of opinion may occur. Today, one understands something from the evidence; another day, they may look at the same evidence and understand something else; this is not a problem. The change of opinion of the Guardian Council in various cases is not a defect; however, this change of opinion must also be in accordance with the regulations and laws, and must be disciplined.

Another point that I have mentioned before is that whatever is issued in the Guardian Council as an opinion and as a ruling - whether in relation to the constitution, whether in relation to Sharia, agreement or disagreement - must be accompanied by strong reasoning and references; these reasonings prepare a very valuable legal collection; it can serve as a reference for all those who work in the field of legal and Sharia issues and laws. Within the Guardian Council, for a single issue, sometimes extensive discussions take place, good points are made, various arguments are presented in response to each other's opinions; these are very good things, these are valuable things; they should be recorded and made available to the thoughts of scholars so that the importance of the council's work is felt.

In any case, one of God's blessings upon us, thanks be to God, is the Guardian Council; we must appreciate this blessing and preserve it. Preserving it is not only about respecting it in words and appearance; preserving it also means that as much as we can, we should enhance the Guardian Council's structure and output with greater solidity, which is the responsibility of you dear friends, brothers, and sisters.

I hope that God the Almighty rewards you, bestows His grace upon you, acknowledges your efforts, and that the sacred heart of the Awaited Savior (may our souls be sacrificed for him) is pleased with you.

Peace be upon you and God's mercy and blessings.