Cairo: A ruling by Egypt’s highest court invalidating the interim legislature while keeping it operational for some more months has cast a shadow on the legislative mandate of the chamber, according to legal experts.

The Supreme Constitutional Court on Sunday declared the Islamist-dominated Shura Council void citing an election law it branded as illegal, but said the body could continue functioning until the main legislature is elected, likely later this year. The Shura, created in 1980 as an upper house of the parliament with advisory power, became Egypt’s temporary legislature last year after the same court dissolved the lower house in June 2012.

“The court’s verdict invalidating the Shura Council is definitely sound because, like the dissolved parliament, one-third of the Shura’s members were illegally elected on the basis of a faulty rule that allowed contenders from political parties to vie for seats [in the council] allocated for independents,” said Samy Habib, a legal expert.

“Accordingly, the Shura is now invalid and its questionable legislative authority should be exercised only for passing necessary bills,” Habib told Gulf News. He added that the top priority bill for the Shura should be producing a “well-studied” electoral law for the forthcoming parliamentary polls after the constitutional court rejected two such bills in recent months.

“Even before the court announced its landmark ruling, the Shura members should have realised that they were not originally elected to be legislators.” Only 7 per cent of Egypt’s registered voters went to polls in February last year to elect the Shura Council. The meagre turnout was mainly due to a strong belief across the country that the council would be cancelled since it had no real powers. However, a new constitution, drafted by an Islamist-led general assembly and adopted last year, vested the council with legislative power in the absence of the lower house of parliament.

“Although the court found the Shura make-up illegal, it has kept it in existence in line with the Article No 230 of the new constitution,” said Mohammad Nour, a professor of constitutional law. “The court did not want to see a legislative vacuum in the country. However, I disagree with the court for two reasons. First, the constitution does not state explicitly that the Shura Council continues to function even if it is found illegal. Second, logic dictates that what is invalid will produce invalid results.”

The bills endorsed by the chamber could be later challenged in courts, Nour said.

The secular-leaning opposition has repeatedly accused the ruling Muslim Brotherhood, from which President Mohammad Mursi hails, of using its majority to ram “half-baked” laws through the Shura allegedly to tighten the group’s grip on power.

The Brotherhood officials in the Shura have played down the significance of Sunday’s verdict.

“The Constitutional Court’s ruling has not established new facts,” said Essam Al Erian, the head of the Brotherhood majority group in the Shura. “The council remains in existence and will continue to exercise its legislative authority until the House of Deputies [lower house] convenes,” he said in press remarks published on Monday. “Those claiming that the council has been stripped of its power have to check their legal information and knowledge about the constitution,” he added.

Mursi’s office said on Sunday that the Shura Council would retain its “full” legislative power until the new legislature is convened.