With Masoud Pezeshkian announced as the winner of Iran’s snap election, which followed the sudden death of President Ebrahim Raisi, uncertainties remain about when he will assume office and form the new government.
The inauguration of new presidents in the Islamic Republic typically occurs in early August, although no specific date is set. However, since there is currently no incumbent in office, there is some debate about when the new administration will officially begin.
The only timeframe that applies in case of the death of a president is 50 days until a new one should be elected. Raisi died in a helicopter crash on May 19, and the election was held on June 28 and the runoff on July 5.
There are several steps until the president-elect can be called Iran’s President.
After the election, the Guardian Council should confirm the validity of the results, ensuring that the election process followed legal precepts. Then, it issues a certificate of appointment for the president-elect. This document should be signed by the members of the Council and then sent to the Supreme Leader, who would announce the date for Tanfiz, when he officially endorses the election results and ratifies the new president. It is followed by Tahlif, or the swearing-in ceremony, which usually happens within a few days.
During the Tanfiz, Ali Khamenei hands over a decree, known as the "decree of confirmation" or "decree of validation", to the president-elect, formally recognizing him as the legitimate president. Without the Supreme Leader's approval, the president does not have the authority to assume office. During Tahlif, the newly elected president takes an oath before the Parliament (Majlis) in the presence of the head of the judiciary and the members of the Guardian Council, promising to uphold the constitution and faithfully execute his duties as the head of state. Both ceremonies are essential in the transition of presidential power, ensuring both legal and symbolic legitimacy for the incoming president.
Mojtaba Yousefi, a member of the parliament's presiding board, said this week the inauguration ceremony for Pezeshkian is scheduled for August 4 or 5. The president will then have 15 days to present his proposed ministers to the parliament for a vote of confidence, which is reportedly set to be held on September 5.
There is controversy about why the parliament, dominated by hardliners whose candidates lost to Pezeshkian, would not vote on the proposed cabinet sooner, given that fact that the country does not have a president and is run by interim Mohammad Mokhber, Raisi’s first vice president.
According to Abbas-Ali Kadkhodaei, the former spokesman of the Guardian Council, until the new government assumes office, members of the former cabinet can make decisions or appointments that could have financial implications for the next government.
This comes despite Mokhber’s directive in June that called on all executive bodies to “refrain from any changes to organizational structures, personnel reassignments, transfer of government property, implementation of new regulations, changes in tariffs and fees, and any actions outside the rules and regulations until the establishment of the fourteenth government.”
However, Kadkhodaei noted that unless there is a specific legal provision that states otherwise, the incumbent officials can make such decisions, implying that Mokhber’s directive may not be binding. “These are customary practices and have never been subject to legal debate,” he said.
Hossein Mirmohammad Sadeghi, a former lawmaker, said that there is no regulation for setting a date for the vote of confidence on the new cabinet, explaining that such dates are primarily based on considerations of different factors. These include the parliament's summer recess ending on July 21st and upcoming calendar events, like the observance of the Shiite mourning period, Ashura, on July 14th in Iran.
Hamid Aboutalebi, a former deputy chief of staff for political affairs of the office of Iran’s president under Hassan Rouhani, wrote a commentary on his X account on Monday, stressing the legal necessity of holding the endorsement ceremony as soon as possible. He said the president-elect should assume office by the 50th day after the death of the incumbent. He argued that according to the constitution, until the new government is formed, the parliament cannot impeach ministers or pass a vote of no confidence, leaving the body with no oversight capability in case of negligence or errors by the ministers.
Aboutalebi said this would present a serious constitutional challenge if the country would be without an incumbent president at the end of the 50-day period and would be governed by an unelected first vice president, with ministers who are not subject to parliamentary oversight.
