In detail: The date for the start of the caretaker government and the withdrawal of Al-Sudani’s powers
In detail: The date for the start of the caretaker government and the withdrawal of Al-Sudani’s powers
2025-11-13 08:55
Shafaq News – Baghdad
Legal and constitutional affairs expert Habib Al-Quraishi revealed on Thursday the date for the start of the caretaker government and the withdrawal of full powers from the current Prime Minister, Mohammed Shia Al-Sudani.
Al-Quraishi told Shafaq News Agency, “The definition of a caretaker government is that it is a government that has transformed from a normal government with full powers to a government with limited powers.”
He added that “this definition came in Federal Court Decision No. 235/Federal/2022, Paragraph Two thereof: The conduct of daily affairs means: taking decisions and procedures that cannot be postponed that would ensure the continued operation of state institutions and public facilities regularly and consistently, and it does not include, for example, proposing draft laws, contracting loans, appointing to and dismissing from senior positions in the state, or restructuring ministries and departments, in accordance with the text of Article 42/Second of the Internal Regulations of the Council of Ministers No. 2 of 2019.”
He added: “Third: The Cabinet shall continue to conduct the daily affairs of the state until the formation of the new government in the following cases: the end of the electoral term of the House of Representatives, the withdrawal of confidence from the Cabinet or its head, the dissolution of the House of Representatives, in accordance with the text of Article 42/First of the Internal Regulations of the Cabinet No. 2 of 2019.”
He continued, “Thus, the current government enters into the legal status of conducting daily business from the day after the end of the electoral term of the Iraqi House of Representatives, so that it is a government that does not have full constitutional powers, and this government is called a ‘lame duck’ in the literature of governments that do not have full powers, as in the United States of America and Western countries.”
Al-Quraishi revealed that “the Supreme Federal Court issued Resolution 235/Federal/2023 and Resolution 121/Federal/2021, which interpreted the caretaker government’s daily operations and the constitutional and legal basis for this constitutional situation that the government is going through, what it must do and what it is entitled to do in this constitutional situation, regarding the government’s position and what decisions it can take.”
The Iraqi parliamentary elections concluded last Tuesday, and the preliminary results for the sixth parliamentary session were announced yesterday, Wednesday.
Three years have passed since the formation of the current government headed by Mohammed Shia al-Sudani. The first year after the 2021 elections did not witness a political agreement on the formation of the government, and the deadlock continued for more than a year, until al-Sudani’s government was formed in October 2022.
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