The role of the sultan in dissolving the state assembly

Conventionally, the menteri besar is required to approach the sultan and request for the dissolution of the state legislative assembly. – The Malaysian Insider file pic, August 9, 2014.Some commentators have opined that the way to resolve the Selangor menteri besar (MB) crisis is to dissolve the Selangor state legislative assembly to pave the way for holding fresh elections. By constitutional convention (or practice), the MB should approach the sultan and make this request.

What if he refuses to do so – on his justification that he commands the support of the majority of the members of the state assembly and will continue as MB?

If there is a real threat to the proper functioning of the state government – especially since the assembly members from the ruling state coalition (at least two of the political parties) clearly oppose the MB – then who can ask for the dissolution of the state assembly other than the MB?

The state constitution provides that in exercising his functions under the constitution, the sultan must act in accordance with the advice of the state executive council (exco). So a decision can be taken by the state exco to request the sultan to dissolve the assembly. The state exco will need to convene a meeting of its members, ensure there is a quorum (minimum 4 members), and take a decision to make this request. The MB can thus be bypassed.

Is the sultan obliged to dissolve the assembly, then? On a strict reading of the state constitution, the answer is no – because he is given complete discretion to withhold consent to a request for dissolution of the legislative assembly.

However, it is widely acknowledged by constitutional commentators that the ruler has residual power if there is a clear threat to the democratic bases of the constitution. In such a situation the sultan can dismiss the exco (including the MB) and dissolve the assembly. Elections will then follow within 60 days of the date of dissolution.

Are the circumstances sufficiently grave for him to do so? Is the functioning of the government at stake? This is a judgment call. The sultan would be well advised to heed the views of the exco (who have requested for the dissolution) that the functioning of the government is at stake. After all the exco is tasked with making sure the government runs properly. The sultan must also ensure that his decision will be supported by public opinion.

Above all, the role of a constitutional monarch is to maintain political neutrality in any decision he makes.

* Gurdial Singh Nijar is professor at the University of Malaya law faculty. TMI