Another blow to the constitution: The failure to elect a president brings back the scenario of coldly disregarding constitutional requirements.
The constitutional process in Iraq has suffered another setback with the postponement of the presidential election session, despite the country nearing the end of the constitutional deadline. This comes at a time when Parliament was expected to resolve this sovereign issue, amidst escalating political disputes, particularly within the Kurdish political bloc, and conflicting interpretations regarding adherence to constitutional timelines.
In a move that has raised widespread questions, the parliamentary session designated for electing the president did not convene, even though the constitutional deadline is in its final stages. This has revived fears of a repeat of past instances where deadlines were exceeded.
The Parliament's media office announced the postponement of the presidential election session in a brief statement, without specifying a new date. Some members of Parliament stated that the postponement was due to the lack of necessary political consensus to hold the session, which has opened the door to various interpretations regarding the future of the process and the possibility of circumventing constitutional deadlines.
A Kurdish request for postponement:
According to official documents, the Kurdistan Democratic Party (KDP) submitted a request to postpone the session due to ongoing disagreements within the Kurdish political bloc regarding the presidential candidate.
The lack of a final consensus that would allow for a decisive election session prompted the postponement to avoid the session's failure or its holding without results.
The core of the crisis lies in the continued division between the two main Kurdish parties. The KDP has put forward its candidate, Fuad Hussein, while the Patriotic Union of Kurdistan (PUK) insists on its candidate, Nizar Amidi. Political mediation efforts have thus far failed to unify positions or agree on a compromise candidate, leaving the presidency hostage to the Kurdish-Kurdish dispute and its repercussions on the power balance in Baghdad
Political analyst Ali Nasser, familiar with the issue of exceeding deadlines, stated that “adherence to constitutional deadlines has not been consistent in past sessions, as we have witnessed, on more than one occasion, exceeding these deadlines, sometimes by several months.”
Nasser added to Iraq Observer that “what distinguishes the current phase from its predecessors is the clear emphasis by the head of the Supreme Judicial Council, Faiq Zaidan, on the necessity of adhering to important constitutional deadlines, even though the Iraqi constitution does not explicitly stipulate penalties for exceeding these deadlines.”
Nasser explained that “divisions within the Kurdish political bloc have directly impacted the selection of the president, given the lack of a unified candidate from the two main parties,” noting that “these divisions coincided with the nomination of Nouri al-Maliki for the premiership, which has added a new layer of complexity to the political landscape.”
He added that “the agreements were supposed to be decided first within the Kurdish house, before moving on to discussing them with the Coordination Framework as the representative of the largest bloc, but the recent meetings, whether between the Coordination Framework and the Democratic Party, or with the Patriotic Union, did not result in setting clear deadlines or agreeing on final names.”
In this context, constitutional experts explain that Article (72/First/B) of the Constitution set the deadline for electing the President of the Republic at thirty days from the date of the first meeting of the new House of Representatives. Since the House held its first session on December 29, 2025, the last day of the constitutional deadline is January 29, 2026.
They emphasize that the calculation of the period begins from the date of the meeting, not from the date of the vote, and that any interpretation to the contrary leads to an unjustified extension of a deadline explicitly stipulated in the constitution, noting that the procedural deadlines for nomination, objection and judicial resolution are part of this deadline and not added to it.
With open scenarios and the country entering the final days of the constitutional deadline, fears are growing that the continuation of political disputes will lead to a new postponement, which may open the door to another jump over deadlines, not only in the election of the President of the Republic, but also with regard to the appointment of the next Prime Minister, in a scene that indicates the weakness of political consensus, and the difficulty of managing constitutional entitlements within their specified timeframes. link
Oh there is still hope this Maliki stuff is not yet a done deal in two important articles. In the first article titled “ZEBARI ON MALIKI’S NOMINATION AND THE PRESIDENTIAL ELECTION DATE: THE COMING DAYS ARE FULL OF SURPRISES” from Sunday’s news in this article we find that