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Consultative Council (Bahrain)

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Consultative Council (Bahrain)
NameConsultative Council
Native nameMajlis al-Shura
Legislature5th Council
House typeUpper house
BodyNational Assembly of Bahrain
Established1993
Preceded byShura Council (1920s–1973)
Leader1 typeSpeaker
Leader1Ali Al-Aswad
Party1Independent
Election12022
Members40
Meeting placeManama
WebsiteOfficial website

Consultative Council (Bahrain) is the appointed upper chamber of the bicameral National Assembly of Bahrain, serving as a counterbalance to the elected Council of Representatives within Bahrain's constitutional framework. Established during the reign of Isa bin Salman Al Khalifa and reconstituted after the 2002 Constitution promulgation by Hamad bin Isa Al Khalifa, the body comprises forty members appointed by the King and includes former ministers, diplomats, academics, and business figures. The Consultative Council has been central to debates involving Al Khalifa, opposition movements, and international actors such as United Kingdom and United States concerning reform and stability.

History

The roots of Bahrain's upper chamber trace to advisory bodies under the rule of Shaikh Isa bin Salman Al Khalifa and earlier Ottoman and British protectorate-era consultative practices linked to Trucial States and Persian Gulf colonial arrangements. In 1973, a unicameral National Assembly emerged under the 1973 constitution but was dissolved in 1975 by Isa bin Salman Al Khalifa amid tensions with parties such as National Liberation Front of Bahrain and groups like the Al Wefaq. The modern Consultative Council was reintroduced under the 2002 constitution by King Hamad bin Isa Al Khalifa as part of the National Action Charter reforms following dialogues with figures including Sheikh Khalifa bin Salman Al Khalifa and international mediators. During the 2011 Bahraini uprising, members of the Council featured in negotiations involving entities such as Gulf Cooperation Council, Saudi Arabia, United Arab Emirates and human rights organizations like Amnesty International and Human Rights Watch.

Composition and Appointment

The Consultative Council consists of forty members appointed by the King for four-year terms; appointments have often included former prime ministers, retired military officers from the Bahraini National Guard, ex-ministers from cabinets led by Khalifa bin Salman Al Khalifa and diplomats who served in missions to countries such as United States, United Kingdom, France, and China. Prominent appointees have included academics from University of Bahrain, businessmen associated with Bahrain Chamber of Commerce and Industry, and legal figures trained in courts like the Court of Cassation (Bahrain). The selection process has drawn comparisons with appointed upper houses such as the House of Lords in the United Kingdom, the Senate of Canada, and the Shura Council of Saudi Arabia.

Powers and Functions

Under the 2002 Constitution, the Consultative Council shares legislative authority with the Council of Representatives and reviews bills, issues reports, and advises on state policy. It has the power to review draft legislation, propose amendments, and refer matters to specialized committees mirroring practices in bodies like the Knesset committees, the U.S. Senate committees, and the French Senate. The Council also ratifies appointments and may perform oversight functions concerning ministries such as Ministry of Interior and Ministry of Foreign Affairs. Its legal interpretations have been discussed alongside institutions like the Constitutional Court of Bahrain and compared to advisory roles in the Council of State.

Legislative Role and Relations with the Council of Representatives

Legislation in Bahrain requires concurrence between the Consultative Council and the elected Council of Representatives; when disagreements occur, reconciliatory mechanisms echo practices seen in bicameral systems like the United Kingdom bicameral exchanges or Canada parliamentary readings. The Consultative Council can delay but not permanently veto legislation, and its membership has influenced outcomes on laws pertaining to the Judiciary of Bahrain, regulatory frameworks affecting the Bahrain Financial Harbour, and security-related measures debated after the 2011 protests involving Protest movement leaders and opposition parties including Waad and Al Wafa. Relations between the two chambers have occasionally been tense, featuring disputes reminiscent of clashes between appointed and elected houses in countries such as Australia and India.

Committees and Internal Organization

The Consultative Council operates through standing and ad hoc committees addressing areas comparable to portfolios in cabinets led by Khalifa bin Salman Al Khalifa and Prince Salman bin Hamad Al Khalifa, including committees on foreign affairs, finance, and social affairs. Committee chairs are often senior appointees with backgrounds in institutions like the Arab League, the Gulf Cooperation Council, or academia at the American University of Beirut. Internal rules of procedure reflect parliamentary practices similar to those in the Oman Council of State and the Kuwait National Assembly, with sessions convened in Manama and secretariat support provided by administrative offices linked to the Bahrain Parliament.

Notable Members

Notable appointees have included former prime ministers and senior figures such as Khalifa bin Salman Al Khalifa, ministers like Sheikh Mohammed bin Mubarak Al Khalifa, diplomats who served as ambassadors to United Kingdom and United States, academics from University of Bahrain and King's College London, and business leaders connected with Gulf Investment Corporation and the Bahrain Economic Development Board. Members with judicial backgrounds have held roles in institutions like the Supreme Judicial Council (Bahrain), while others have been prominent in regional forums such as the Arab Parliament and the Organisation of Islamic Cooperation.

Criticism and Controversies

The Consultative Council has faced criticism from opposition organizations including Al Wefaq National Islamic Society and international NGOs such as Human Rights Watch and Amnesty International for being an appointed body that can dilute mandates from the elected Council of Representatives. Controversies have arisen over appointments perceived as consolidating power by the Al Khalifa family, debates during the 2011 unrest that involved the Gulf Cooperation Council's security response, and legal challenges taken to the Constitutional Court of Bahrain regarding legislative authority. International actors including United States Department of State and the European Union have repeatedly commented on Bahrain's bicameral balance and the role of the Consultative Council in reform dialogues.

Category:Politics of Bahrain