Expediency Council

The Expediency Discernment Council, commonly referred to as the Expediency Council, is one of the principal constitutional bodies of the Islamic Republic of Iran. It functions as both an advisory organ to the Supreme Leader and an arbitrating authority in disputes between the Islamic Consultative Assembly (Majles) and the Guardian Council. Established to maintain the stability and functionality of Iran’s unique political structure, the council plays a vital role in ensuring the coherence of governance within the country’s theocratic-republican framework.

Historical Background

The Expediency Council was created in 1988 by the directive of Ayatollah Ruhollah Khomeini, the founder of the Islamic Republic, during a period of repeated legislative deadlocks between the parliament and the Guardian Council. These conflicts often arose when the Guardian Council rejected parliamentary bills on grounds of incompatibility with Islamic law or the Constitution, leading to governance paralysis.
In 1989, during the constitutional revision following Khomeini’s death, the council was formally incorporated into the Constitution as a permanent body. This constitutional recognition expanded its status and functions beyond temporary mediation to include broader advisory and policy-making responsibilities under the authority of the Supreme Leader.

Structure and Composition

The council’s composition reflects its hybrid political character, combining religious, political, and administrative elites. Its members are appointed by the Supreme Leader for fixed five-year terms. The membership includes:

• Senior clerics and religious jurists;
• Former presidents and ministers;
• Representatives from the armed forces;
• Experienced administrators and political advisors;
• Ex-officio members such as the President of Iran, the Speaker of Parliament, and the Head of the Judiciary.

The council is headed by a Chairperson, appointed directly by the Supreme Leader. Over the years, prominent political figures such as Ali Akbar Hashemi Rafsanjani and Sadeq Amoli Larijani have served in this capacity. The secretariat of the council assists in drafting opinions, reviewing legislation, and coordinating inter-agency policy studies.

Functions and Powers

The Expediency Council serves three principal functions within Iran’s constitutional framework:

1. Legislative Mediation: Its original and most important role is to mediate between the Majles and the Guardian Council. When the Majles passes a law and the Guardian Council deems it inconsistent with Islamic principles or the Constitution, and if the Majles insists on its approval, the disputed bill is referred to the Expediency Council. The council then decides, in consideration of national interest and public expediency, whether to uphold the parliament’s version or the Guardian Council’s objections. The council’s decision is final and binding.
2. Advisory Role to the Supreme Leader: The council advises the Supreme Leader on general policies of the state and on issues of national interest, particularly when there are conflicts between different institutions. It thus assists in harmonising the operation of the three branches of government and aligning national policy with overarching ideological and strategic priorities.
3. Policy Formulation and Oversight: Following the 1989 constitutional amendments, the council acquired the responsibility to draft and oversee the implementation of “general policies of the system” (siyasat-ha-ye kolli-ye nezam), which the Supreme Leader approves. These policies serve as long-term strategic guidelines for governance, covering areas such as economic reform, defence, culture, and social development.

Constitutional and Political Significance

The creation of the Expediency Council represents a mechanism of balance between religious oversight and democratic representation. In Iran’s political system, the Majles represents popular will, while the Guardian Council ensures conformity with Islamic principles. The Expediency Council mediates between these two, ensuring that the functioning of the state continues even when religious and political bodies disagree.
This arrangement embodies the concept of “maslahat-e nezam”—the expediency or interest of the Islamic system—which allows practical governance to prevail over rigid legal or ideological disputes when necessary for the survival and stability of the state.
The council’s evolving powers also reflect the dynamics of Iranian theocratic governance, where institutional checks and balances are designed not only around separation of powers but around maintaining ideological unity and administrative efficiency under the Supreme Leader’s ultimate authority.

Relationship with Other Institutions

The Expediency Council functions at the intersection of several key constitutional bodies:

• It mediates between the Majles and the Guardian Council, resolving legislative disputes.
• It operates under the supervision of the Supreme Leader, to whom it reports directly.
• It occasionally collaborates with the Supreme National Security Council and other executive agencies on matters of national importance.
• Its policy recommendations influence decisions across the executive, legislative, and judicial branches.

The council’s decisions in legislative disputes are binding and final, meaning that neither the Guardian Council nor the Majles can challenge them. This authority places the council above the normal legislative process in specific contexts, making it a powerful instrument of constitutional mediation.

Criticisms and Controversies

Despite its stabilising role, the Expediency Council has been subject to criticism on several grounds:

• Lack of democratic legitimacy: All members are appointed, not elected, leading to concerns about representation and accountability.
• Expansion of power: Over time, its advisory and policy roles have broadened, giving it influence comparable to an unelected upper house.
• Opacity in decision-making: Deliberations are not publicly disclosed, raising transparency concerns.
• Overlapping authority: Its functions occasionally overlap with those of other governing bodies, leading to ambiguity and institutional tension.

Nevertheless, defenders of the council argue that it performs an essential function in reconciling ideological rigidity with pragmatic governance, ensuring that the system remains adaptable to changing circumstances without undermining its Islamic foundations.

Contemporary Role and Relevance

In recent years, the Expediency Council has expanded its role beyond legislative arbitration into broader strategic policy-making. It contributes to economic reform policies, foreign relations, national development plans, and issues related to security and defence.
The council also reviews long-term national policies, such as those concerning Iran’s resistance economy, population growth, and technological development. Its reports and policy recommendations guide the formulation of future state priorities in line with the Supreme Leader’s directives.
In times of political or institutional crisis, the council has acted as a stabilising and corrective mechanism, allowing the system to adapt without major constitutional upheaval.