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Majority support of House is the pivotal criteria

YOURSAY ‘And isn't it obvious that Wan Azizah commands that support?’

 

Palace accuses PKR and DAP of 'defiance'

 

NewMalaysia: "However, (sultan’s private secretary Mohamad) Munir (Bani) said that majority support of a state assemblyperson is not the sole criteria for the sultan's consideration in appointing a menteri besar." 

 

The above statement in itself is a mockery to the spirit of democracy and the whole election system. So, what are the other criteria? Why bother to ask for submission of more than two names of candidates when the palace can't even state clearly what are the criteria for the candidate in the first place?

 

What if, PKR and DAP nominate three women as candidates? Will the palace accept?   

 

Little Sparrow: Unless the sultan advise PKR and DAP to go against the constitution and the Federal Court decision, they have no choice but to submit only the person who has the majority support.

 

If they go against the constitution, it’s like committing treason and if they go against the Federal Court decision, it will be contempt of court. So what do you want them to do?

 

Maybe the sultan should tell them that he is above the constitution and the Federal Court decision and they must obey him his decree.

 

WTFF: Can someone enlighten us on the constitutional provision? Is the sultan’s private secretary correct to say that the monarch has the discretion? Isn't the majority support of the House the pivotal criteria? Isn't it obvious that Wan Azizah commands that support?

 

If other criteria are applied but the candidate does not command the majority support, where will that lead us to?

Raja Chulan: I think, certain parties are 'barking up the wrong tree'. There is no basis whatsoever to demand more than one name. Past practices, if any may be due to courtesy only.

 

But in the present case submitting more than one name has the real potential of subverting democracy where a person not having majority support can be pushed to the forefront by the palace in order to change the equation.

 

Clearly, this will be against the fundamental practice of democracy. The constitution clearly says 'the person who commands majority'.

 

Logically, only one person can have majority. As correctly pointed out by Prof Abdul Aziz Bari, the palace has no leeway on this matter but to appoint that assemblyperson (in this case Wan Azizah) who had demonstrated having majority support.

 

The palace is not the correct party to decide who becomes or is suitable to become the MB. In a democracy, it is the people's choice, even if there appears apparent weakness or defects in that person chosen by the people.

 

Proarte: The sultan only has powers and authority granted to him by the constitution. The sultan has no choice but to follow the constitution to the letter otherwise he would be seen as betraying the constitution.

 

My concern is that if Selangorians feel their sultan's actions is 'ultra vires' that granted to him by the constitution then the rakyat might rebel in support of the state and federal constitutions.

 

In such a situation, republican sentiments may gain momentum as the rakyat may see their democratic rights being usurped by an unelected institution which is challenging the very foundations of our democracy and the role of constitutional monarchy.

 

The constitution states that the sultan will appoint someone who in his opinion commands the majority support in the state assembly.

 

If the sultan appoints someone who does not have the support of the majority, then he will be challenging democratic norms which will have dangerous repercussions for the institution of the monarchy itself.

 

Chris Wong: Malaysia is a constitutional monarchy running a parliamentary-type democracy. It seems to me that both the monarchy and the executive branch of government has failed to understand the roles and responsibilities of the branches of government at the state level.

 

We can respond with emotions, but I would rather have both the letter and spirit of the law applied in this case. This would mean getting on with life, and stop using the entire succession of the menteri besar to create hatred and misguided race-baiting.

Kingfisher: The Selangor sultan is obviously well schooled on constitutional matters concerning his prerogatives and his obligations and is also no doubt well aware that any initiative of his will have consequences considering the pre-eminence of his status.

 

As such, he is bound to have an impeccable judgement and make an excellent decision on this Selangor MB matter. There is little doubt that the whole matter has been rather ungraciously dealt with and especially by those in politics.

 

Much of the positioning and critique that has gone on could have been done without any disrespect to transparency through recourse to quiet whispers of rational wisdom on salient issues.

 

Ventilating deep felt anger or even frustration with individuals and institutions can result in unnecessary consequences even on the righteous.

 

Whatsup: It’s very sad indeed. It seems PKR and DAP, which won the popular and majority votes by the voters at GE13, are always in the wrong and run foul of the laws, while the incumbent, the minority, despite their many seditious racist and bigoted remarks, and incompetency, don't seem to be in any wrong.

 

Swipenter: Can PKR and DAP be charged for treason for following the democratic process and what the constitution demands of them?

 

Imagine the scenario both of them got deregistered after being found guilty in a court for committing treason.

 

If so, Bolehland would be left without any opposition political parties and possibly politicians capable of countering Umno Baru at least in the near future.

Why not pick one of the 56 from the hat?


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