Without mincing words, constitutional expert
Abdul Aziz Bari claimed that the Selangor sultan had no power to request
for more names with regard to the menteri besar post.
He also said the request was unconstitutional since there is a
candidate, PKR president Dr Wan Azizah Wan Ismail, with clear majority
support.
"Majority is the only criteria, thus the sultan has no power to ask for more names when there is already a majority," he told Malaysiakini today.
Aziz
pointed out that under a parliamentary system, the government is owned
and answers to the legislative house and not the palace.
And the palace’s only role, he added, is to appoint whoever that has majority support in the house.
Yesterday, the Selangor palace had issued a statement that the sultan has deferred Menteri Besar Abdul Khalid Ibrahim’s resignation until the latter’s replacement is appointed.
The ruler also asked PKR, DAP and PAS to each nominate two candidates as successors to the post.
"This is in tune with the convention that has been practised in all
previous menteri besar appointments," said the sultan's press secretary
Muhammad Munir Bani.
However, PKR and DAP both insisted on naming Wan Azizah while PAS has yet to decide.
Meanwhile, Aziz said the request for more names when there is a clear
majority also deviated from the usual practice in Malaysia.
Normally, he added, the sultans, governors, and the Yang di-Pertuan Agong accepted any name submitted by the majority party.
"Note the smooth changes the Agong and sultans accepted and appointed incoming leaders without a fuss.
"Remember Tunku Abdul Rahman-Tun Abdul Razak in 1970? And then Hussein Onn-Dr Mahathir Mohamad in 1981?
"Later Mahathir-Abdullah Ahmad Badawi in 2003 and Badawi-Najib Abdul
Razak in 2009?" he said, referring to past transitions of power for the
prime minister's post.
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