The impossible extension… The Iraqi constitution blocks the continuation of the caretaker government.
The impossible extension… The Iraqi constitution blocks the continuation of the caretaker government.
2-12-2026
The political and constitutional debate in Iraq has resurfaced regarding the future of the caretaker government, amid circulating discussions about proposals to extend its term with specific powers, despite the recent parliamentary elections and the convening of the newly elected parliament.
This debate has sparked a broader discussion about the constitutionality of any such move, the limits of a caretaker government’s authority, and the legal risks associated with its continued operation beyond the politically accepted timeframe. In this context, MP
Ibtisam
al-Hilali, from the State of Law Coalition, denied the existence of any official proposal within the coordination framework to extend the term of Mohammed Shia al-Sudani’s government for an additional year.
In a statement to Al-Maalomah News Agency, al-Hilali said, “What is being circulated in some media outlets is nothing more than media noise,” emphasizing that “political forces are striving to expedite the formation of the next government.”
She added that “the current stage cannot tolerate any disruption of constitutional entitlements,” stressing that “addressing the political deadlock must be done within legal frameworks, not through solutions that deviate from the constitutional context.” In contrast,
legal
experts warn that the Iraqi constitution does not contain any provision permitting the extension of the caretaker government’s term.
Constitutional law expert Salem Hawas affirms that this government has limited powers, and its role is confined to managing the day-to-day affairs of the state until a new government is formed and gains the confidence of parliament.
Hawas explained to Al-Maalomah that “any attempt to extend its term constitutes an indirect amendment to the constitution,” noting that “the House of Representatives does not have the authority to grant it a new term outside the specified timeframes, and the Federal Court’s role is limited to interpretation and oversight; it does not have the power to create constitutional situations not stipulated in the constitution.”
Hawas believes that the danger is not limited to the theoretical aspect, but extends to the legal implications of decisions that may be issued by a government with diminished powers if its term is prolonged. Appointments, contracts, and sovereign decisions can be challenged in court, which opens the door to administrative and legal chaos.
Observers say that the root of the problem lies in the very nature of a caretaker government; it is a transitional government with limited powers, whose tasks are supposed to be confined to managing daily affairs, without making strategic decisions or long-term commitments.
However, the complexities of the post-election political landscape, and the delay in determining the largest bloc and forming a new government, have placed the country in a situation where it is governed by a transitional government whose tenure may be prolonged. This presents political forces with two options: expediting the completion of constitutional requirements or engaging in a debate that could undermine the legitimacy of the executive authority.
Legal experts warn that politicizing the constitutional vacuum could set a precedent in Iraqi political life, allowing for the future justification of transitional governments remaining in power indefinitely under the pretext of necessity. This could compromise the principle of the peaceful transfer of power and erode the foundations of the parliamentary system.
Given these circumstances, the ongoing debate reflects the complexity of the post-election phase and reveals the fragility of the relationship between constitutional texts and political agreements. Meanwhile, the Iraqi public awaits the resolution of these requirements and the formation of a fully empowered government capable of managing the next phase without legal complications that could cast doubt on the legitimacy of future state decisions.
almaalomah.me
