Iraqi Media Network, April 4: The Federal Supreme Court unanimously agreed on explaining Article 49 of the Iraqi Constitution in light of the queries it received about the number of Council of Representatives (COR) and Provincial Council (PC) members. The COR members ratio is one seat to 100,000 people, representing all the citizens of Iraq. The first query was whether this number represents only eligible voters or the whole population, as intended by the legislator. In accordance with Article 49/1 of the Iraqi Constitution, the Court found that there should be one representative for 100,000 Iraqis regardless of their age or social status, rather than the number of voters. The word “population” in the Constitution has a generic reference and does not signify the number of voters.
The second query was about how much the Constitution allows to reduce the COR seats to 328 without conducting a census. Increasing the ratio of population to the number of COR representatives requires an amendment to Article 49/1 in line with Article 142 to decrease the current seats. The third query addressed the possibility for the Constitution to disallow limiting the number of PC members between 10 and 25. Article 24 of Provincial and District Councils Elections Law 36 of 2008 specifies the PC members as 25 with additions. Changing the number between 10-25 or adding to it requires legislative intervention to amend Article 24 because the Court did not find any constitutional objection to that.