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5.1 Open Sessions of Majles
The Standing Order of the Majles requires
that all deputies shall be present at the Majles open sessions 15
minutes prior to their commencement on dates which shall have been
determined earlier and notified to them. Any deputy failing to appear on
time, or is late, without any plausible excuse, shall be taken to task
by a reprimand of the Majles Presidency. Any deputy failing to be
present at the time of voting on a motion may also be subject to a
reprimand irrespective of whether the voting is open (by a show of
hands), or by secret ballot. Open Sessions of the Majles are so named
according to Article 69 of the Constitution because the sittings are
free to be broadcast over the national radio and televisions. People as
well as foreign and domestic reporters can attend the Majles open
sessions. According to the Rules of Procedure, Article 177, reporters
from the press, radio, and T.V. as well as visitors holding entry access
cards specially issued for the day's sitting are permitted to the
parliament building to attend the place earmarked for them. Public
Relations Department of the Majles will make every necessary
coordination in this regard, and accommodate about 300 such persons on
the days when there is an open session. Public Relations Department has
also provided certain facilities for the deputies to ease their personal
contacts with people, here in the capital, in addition to their presence
in the constituencies where they were elected.
Majles deputies have been provided with
certain bureau to facilitate visit of their electors. People can, visit
their deputies according to the time schedule announced through media.
According to Article 69 of the
Constitution, Majles sitings should be held openly and a full report of
each sitting is released for public through the radio and the official
gazette. Thus, the radio has a live broadcast of the Majles,
deliberations. In addition to daily papers, the gazette also publishes
the proceedings in details for public.
The Majles open session works in the
following order.
5.1.1
Announcement by the Majles Speaker that the Majles is
in session.
Any single sitting during an Open Session
of the Majles commences only when there is a quorum of 180 Deputies,
after which the Majles Speaker by ringing the bell declares the session
open. The Majles Secretary thereupon reads out the agenda. A moment's
silence follows and then only the sonorous cadences of the Holy Quran
being recited can be heard throughout the Assembly (If possible verses
relevant to the day’s agenda will be recited).
5.1.2
Pre-agenda Speeches
Article 84 of the Constitution provides
that every representative is responsible to the entire nation and has
the right to express his/her views on all internal and external affairs
of the country. A Standing Order of the Majles stipulates that every deputy
who wishes to express himself/her- self on any subject that needs
to be brought before the Majles and the nation may do so. Each deputy is
assigned 10 minutes for his speech but he or she may share such speaking
time allotted with other Deputies giving up a minimum of 3 minutes, or
his/her entire time to another deputy. In all, however, Deputies using
up time allotted to them shall speak only for a maximum of 30 minutes
during pre-agenda time.
Speeches delivered by Deputies before the
agenda of Majles namely pre-agenda speeches are intended to be
individual and personal expressions of views and opinions which they are
free to hold and air in the Assembly and for which they are not liable
to prosecution. However, the immunity conferred on Majles Deputies goes
along with the recommendation that they should at all times be mindful
of the rules pertaining to the order and conduct to be observed in the
Assembly and their obligation to maintain the prestige of the Majles at
all times.
If it so happens that a
deputy does not
conduct himself/herself according to the rules set forth by the Majles
and indulges in improper conduct then the Majles Speaker may do one of
the two things or both as follows:
-
Administer a verbal reprimand directed
at the offending deputy.
-
Give a warning to the
deputy concerned.
-
Summon him/her to the Presidium of the Majles
to provide an explanation of his/her conduct.
It is not permissible for Deputies to
interrupt speeches being made by other Deputies, to create disturbances
of any kind or cause disorder in the Majles, to level personal
accusations against Deputies or make protestations of an unbecoming
nature. The Majles Speaker in such an event will reprimand the offending
deputy according to the provisions of the Majles Rules of Procedure.
In every session before taking up the
agenda, the In Speaker may give a brief address to the Deputies
concerning the very important issues of the day.
5.1.3 Majles
Agenda
The agenda of the Majles
is usually prepared to survey the bills and motions, or study questions
and where necessary interpolate the cabinet or minister. The Weekly
agenda of the Majles should be prepared by Majles Presidium with due
regard to the bills and motions sent by various committees in sequential
order and the Majles Presidium will thereafter publish and distribute it
among the Majles Deputies and officially announce it on the Notice Board
of the Majles.
The agenda of the Majles is usually
prepared to survey the bills and motions, or study questions and where
necessary interpolate the cabinet or minister. The Weekly agenda of the Majles
should be prepared by Majles Presidium with due regard to the bills and
motions sent by various committees in sequential order and the Majles
Presidium will thereafter publish and distribute it among the Majles
Deputies and officially announce it on the Notice Board of the Majles.
Motions and bills which are deemed to have
priority by the government may be taken up by 15 Deputies who will such
bills for urgent consideration by placing them on a weekly Agenda, with
the approval, of the Presidium, irrespective, of the sequential order in
which they are recorded.
Motions and bills with two priorities are exempted from
this rule and may be taken up and discussed at 24 hours notice in the
Majles.
And if the Majles approves three priorities of the bill or motions it
will also change the agenda for that day. Now the agenda should be
explained in two separate parts:
- Deliberations on motions and bills
The Majles can enact laws on all matters, within the limits of its
competence as laid down by Article 71 of the Constitution. According
to Article 74 of the Constitution, government bills are presented to
the Majles after receiving the approval of the Council of Ministers.
Members' bills may be introduced in the Majles if sponsored by at
least fifteen members.
According to Article 102 the Supreme Council of Provinces has the
right within its jurisdiction, to draft bills and to submit them to
the Majles, either directly or through the government. Based on
Article 94 of the Constitution all legislation passed by the Majles
must be sent to the Guardians Council. The Guardians Council must
review it within a maximum of ten days from its receipt with a view to
ensuring its compatibility with the criteria of Islam and the
Constitution. If the Guardians Council deems such laws to be in
accordance with Islamic principles and the Constitution, they are
thereupon submitted as an official document to the President who will
then be responsible for their execution.
The President is required to place his signature against all such
laws that have been submitted to him and order the officials to take
up their execution within a period of not less than five days. The
bills and motions can be ordinary or with one, two or three degree
priorities.
Article 70 of the Constitution reads as follows: “The President
and ministers have the right of participation in open sessions of the Majles
individually or collectively and their assistants can accompany them.
In case the Deputies request it, ministers must be present in the Majles
and whenever they desire, their speeches would get a hearing. If 15
Deputies so request it and such a request is approved by an absolute
majority of the Deputies present, the President may be called upon to
and will be obliged to appear in the Majles.
According to Article 88 of the Constitution, whenever at least
one-fourth of the total number of members of the Majles put a question
to the President, or any single member of the Assembly puts a question
to a minister, on a subject relating to their duties, the President or
the minister is obliged to present himself at the assembly and answer
the question. This answer must not be delayed more than one month in
case of the minister, except with an excuse deemed reasonable by the
Majles.
5.1.4 Closure of the Session
According to the Majles Rules of Procedure
every daily Open Session shall take at most 4 hours which may be either
held constantly or intermittently. In emergency cases as deemed
necessary by the Speaker and after approval of the Majles and when the
budget bill is submitted, Open Session should be held uninterruptedly on
all days excluding Fridays and official holidays at least four hours per
day. Timing of the Open Session should be arranged in a way that should
not conflict with prayer times.
On this basis and after the agenda is read
(as much as possible) the names of absentees as well as a program of the
committees and necessary notifications is announced and the closure of
the session declared.
The Speaker, prior to conclusion of every
session, announces the day and hour when the next session and agenda is
in force.
5.2
Closed Session / Sessions in Camera
In this regard, Article 69 of the Constitution reads: A
closed session may be held in emergency conditions, if it is required
for national security, upon a request by the President, one of the
ministers, or ten members of the Assembly. Legislation passed at a
closed session is valid only when approved by three-fourths of the
members in the presence of the Guardians Council. After emergency
conditions have ceased to exist, the minutes of such closed sessions,
together with any legislation approved in them, must be made available
to the public.
5.3
Majles Committees
According to Article 85 of the Constitution, the Majles may authorize
its ad hoc committees to pass certain bills in necessary cases, on a
provisional basis and shall be subsequently, approved by the Guardian
Council. Like all other laws, these should be in conformity with the
religion of Islam and accord with the principles set forth in the
Constitution.
Such laws may be put into effect provisionally for a period specified
by the Majles, and their final approval rests with the Majles
The provision made to pass law by submission to
specially created committees from within the Majles has been considered
necessary where the normal process of introducing the bill or motion in
the Open Sessions of the Majles may not be possible quickly because of
the time required to make detailed inquiries and work out the details
relating to such laws to be presented as fully fledged bills in the
Majles.
It is believed that the smaller groups of members in so far as their experience
is concerned will be able to do the work more expeditiously and
thoroughly and have the laws formulated in far quicker time than they
would because of the procedural delays in the Open Sessions of the
Majles.
5.3.1
Standing Committees
Standing Committees are formed with due regard to the organizational
structures of the country. It may happen sometimes that some identical
committees are consolidated with the approval of the Majles in order to
accelerate execution of the duties assigned to them. Standing Committees
listed below may be increased, when necessary, with the approval of the
Majles.
Each deputy should accept membership of at least one of the following
Standing Committees. Article 42 of the Rules of Procedure of the Majles
states that the total number of Standing Committees are as follow:
- Education Committee
- Committee on Islamic Culture and Guidance and Mass Communication
- Committee
on Economics and Financial Affairs
- Plan
& Budget Committee
- Oil
Committee
- Industries
and Mines Committee
- Administrative and Employment Committee
- Housing and Transport Committee
- Judicial
Committee
- Defense Committee
- Foreign Relations Committee
- Committee on Internal Affairs and Councils
- Health Committee
- Energy
and Telecommunication Committee
- Commerce Committee
- Committee on Agriculture and Rural Development
- Committee on Culture and Higher Education
- Committee on Article 90 of the Constitution
- Accounts Tribunal Committee
- Committee on the Affairs of Revolutionary Organs
- Question Committee
- Inquiry Committee
- Committee on Preparation of Majles Rules of Procedure
- Special Committee on Investigation of Pre-Revolution and
Post-Revolution Laws
- Committee on Labour and Social Affairs.
5.3.2 Provisional Committees
As regards bills and motions whose basic relations with the
committees are not specified clearly and display various ambiguous or
doubtful aspects, the Majles Presidium can set up a Special Supervisory
Committee whose members are selected from related committees, referring
the bills and matters to that committee, which will report its outcome
to the Majles after deliberation.
If there arises a need to deal with exceptional and important
questions necessitating a Special Committee to deliberate them, a
committee shall be formed with the suggestion of at least 15 Deputies
and endorsement of the Majles. Members of the Special Committee range
from 5 to 11and are elected directly in the, Open Session by the
Deputies through secret balloting and a relative majority.
To conduct the Majles-related affairs the Majles Deputies elect a
speaker, two vice-speakers, six secretaries and three administrative
managers from among candidate Deputies for a period of one year. |