A Comparative Study of the Provincial Council in the Islamic Republic of Afghanistan and the Islamic Council of the Province in the Islamic Republic of Iran

Local councils in each country are considered to be the examples of decentralization, minimizing the government, public participation in local governance, improving the local administration, increasing the role of people in decision making, and formation of local institutions. The number and competency of these councils are different in each country, and its comparative studies give more information about their strengths and weaknesses. Therefore, the Provincial Council of the Islamic Republic of Afghanistan and the Islamic Council of the Islamic Republic of Iran will be implemented and compared in this paper. Reviewing the constitution and the normal rules related to this issue in both countries shows that, local councils in Iran are older than local councils in Afghanistan, and in terms of authority, the local councils, including the Islamic Council of the Islamic Republic of Iran, have more jurisdiction. According to Article 139 of the Afghan Constitution, the principle of supervision is not recognized as one of the competences of Provincial Councils; while the legal rights of councils, including the Islamic Council of the province, have been recognized in Article 100 of the Iranian Constitution. At the same time, in accordance with Article 106 of the Constitution of the Islamic Republic of Iran, if the Islamic councils are dissolved, the councils have the right to object that in a competent court, but this right has not been given to the council in accordance with Article 11 of the Provincial Council Law. Finally, the Council's closure in emergency situations has not been foreseen in the constitution of the Islamic Republic of Iran, but, in accordance with Article 9 of the Provincial Law, the Provincial Council of Afghanistan, will be shut down until the problem is over, in province or provinces in which an emergency situation is declared, in accordance with Article 143 of the Constitution.