Iraq’s top judge calls to amend Constitution over ‘largest bloc’ rule

2026-03-03 - 08:34

Shafaq News- Baghdad The head of Iraq’s Supreme Judicial Council, Judge Faiq Zaidan, on Tuesday called for amending the Constitution or the Law of the Council of Representatives to clearly define the term “largest parliamentary bloc,” which is tasked with nominating a prime minister after elections. In an article published by the council’s media office, Zaidan described Article 76 of the 2005 Constitution as “one of the most contentious provisions” because it governs government formation. The article requires the president to designate a candidate from the largest parliamentary bloc, currently the Shiite Coordination Framework (CF), to form the Cabinet within a specified period. He highlighted persistent disagreement over whether the term refers to “the electoral list that wins the highest number of seats or to a coalition formed inside parliament after results are ratified,” saying that the Federal Supreme Court addressed the issue in Decision No. 25/Federal/2010 on March 25, 2010, which recognized both interpretations. “This reading revealed constitutional gaps,” he argued, maintaining that a literal interpretation points to the list securing the most seats, without reference to alliances formed later. According to Zaidan, allowing post-election coalitions to claim that status could alter voter intent and weaken legitimacy. He linked the ambiguity to repeated delays in forming governments after the 2010, 2018, 2021, and 2025 elections, warning that disputes may persist without clarification. Zaidan proposed a constitutional amendment to define the largest bloc explicitly, potentially limiting it to the list that wins the most seats. Alternatively, he suggested revising parliamentary law to “require formal registration of the largest bloc during the first session and prevent subsequent changes,” urging the Federal Supreme Court to reconsider its ruling and adopt an interpretation tied directly to election results rather than alliances formed afterward. Read more: Iraq judiciary maps timeline for next parliament and government