'Using the twisted logic often applied by Umnoputras, calling the sultan as chief executive is an insult to the royalty.'
Sultan is 'chief executive', says lawyer
Gerard Samuel Vijayan: Why is Salehudin Saidin, a private lawyer and a member of Mais (Selangor State Islamic Religious Council) giving his legal opinion on behalf of the palace?
The sultan's principal legal adviser in such matters is the state legal adviser (SLA) and not his own private lawyer, assuming that Salehudin advises the sultan on his private legal matters.
Any matter pertaining to the powers of the sultan and the provisions of the state and federal constitution ought to have been referred by the sultan to the SLA before giving his consent to the appointment of the SS (state secretary) for an advisory opinion but instead the palace seems to have relied on outside legal advice.
In any event the chief secretary to the government has clarified that the consent of the sultan is not required as the final decision rests with the federal PSC (Public Services Commission) and that the sultan is merely consulted out of courtesy. Then why the need for the swearing-in ceremony if the SS takes office from the date of his letter of appointment by the PSC?
Ong Guan Sin: Using the twisted logic often applied by Umnoputras, calling the sultan as chief executive is an insult to the royalty. Let me explain.
Malaysia is a democratic country when executive power comes from election by the people. It means the sultan must be put to election by the people, and the sultan can be defeated and therefore changed at the election.
Is this not insulting the royalty and therefore treasonous? I rest my case.
P Dev Anand Pillai: I would beg to differ with Mais member Salehuddin. Can we then use the same analogy with the Agong? Is he the chief executive of the country?
If executive power derives from the Agong, then according to Salehuddin's analogy, the PM is only the administrative head of the country. Our parliamentary democracy is where the monarch only plays a role of a head of state with ceremonial duties and not executive powers, even the council of rulers have a deadline in which they can give their consent to constitutional amendments failing which it becomes law anyway, so based on your analogy it looks as though we are an absolute monarchy.
Our system is where the power comes from the people via elections from which the party that wins the most seats, the head of whom is invited by the monarch to form the government. If the monarch is the chief executive, then he doesn't need a PM or a MB. Your analogy sir, with due respect does not make any sense.Dark Knight: How did we get to this sad state of affairs - the king and certain sultans being drawn into controversial issues that undermine the constitution of Malaysia?
Beginning with Dr Mahathir Mohamad - the biggest ursurper of the constitution for his own ends - the country has progressively gone down the drains as a beacon of Islamic democracy. Today, the BN government, in its do-or-die battle to remain in power at all costs, have used and abused the royalty for its own cause.
Everyone who is aligned with the BN, be they be civil servants or sycophants of the ruling government - the police, the AG (attorney-general), the courts and the MACC - have forsaken their duties and democratic principles of good governance.
Just look with what is happening in the Selangor issue. Democracy and the separation of powers as enshrined in our constitution are no longer sacrosanct. They have been ignored without care.
Yobama: Although I did not have a legal education (but my education was legal), I know that whatever 'executive' powers the sultans had, have been removed by ex-PM Mahathir Mohamad during the 1993 constitutional crisis.
So where did Salehuddin get his information to say the sultan is the chief executive? Does the sultan run the state? Does he attend the exco meetings? The sultan, with all due respect, only officiates the opening of the state assemblies and signs all bills passed by the assembly.
Even if he does not give consent, the bills become law after 30 days. So where is the logic in saying he has executive powers? This man from Mais is living in his dreamland and should be awaken by someone.
What is happening to this country of ours? Umno is bringing us to the edge of the cliff with all kinds of stupidity emerging day after day, ad infinitum
Malaysiakini
Sultan is 'chief executive', says lawyer
Gerard Samuel Vijayan: Why is Salehudin Saidin, a private lawyer and a member of Mais (Selangor State Islamic Religious Council) giving his legal opinion on behalf of the palace?
The sultan's principal legal adviser in such matters is the state legal adviser (SLA) and not his own private lawyer, assuming that Salehudin advises the sultan on his private legal matters.
Any matter pertaining to the powers of the sultan and the provisions of the state and federal constitution ought to have been referred by the sultan to the SLA before giving his consent to the appointment of the SS (state secretary) for an advisory opinion but instead the palace seems to have relied on outside legal advice.
In any event the chief secretary to the government has clarified that the consent of the sultan is not required as the final decision rests with the federal PSC (Public Services Commission) and that the sultan is merely consulted out of courtesy. Then why the need for the swearing-in ceremony if the SS takes office from the date of his letter of appointment by the PSC?
Ong Guan Sin: Using the twisted logic often applied by Umnoputras, calling the sultan as chief executive is an insult to the royalty. Let me explain.
Malaysia is a democratic country when executive power comes from election by the people. It means the sultan must be put to election by the people, and the sultan can be defeated and therefore changed at the election.
Is this not insulting the royalty and therefore treasonous? I rest my case.
P Dev Anand Pillai: I would beg to differ with Mais member Salehuddin. Can we then use the same analogy with the Agong? Is he the chief executive of the country?
If executive power derives from the Agong, then according to Salehuddin's analogy, the PM is only the administrative head of the country. Our parliamentary democracy is where the monarch only plays a role of a head of state with ceremonial duties and not executive powers, even the council of rulers have a deadline in which they can give their consent to constitutional amendments failing which it becomes law anyway, so based on your analogy it looks as though we are an absolute monarchy.
Our system is where the power comes from the people via elections from which the party that wins the most seats, the head of whom is invited by the monarch to form the government. If the monarch is the chief executive, then he doesn't need a PM or a MB. Your analogy sir, with due respect does not make any sense.Dark Knight: How did we get to this sad state of affairs - the king and certain sultans being drawn into controversial issues that undermine the constitution of Malaysia?
Beginning with Dr Mahathir Mohamad - the biggest ursurper of the constitution for his own ends - the country has progressively gone down the drains as a beacon of Islamic democracy. Today, the BN government, in its do-or-die battle to remain in power at all costs, have used and abused the royalty for its own cause.
Everyone who is aligned with the BN, be they be civil servants or sycophants of the ruling government - the police, the AG (attorney-general), the courts and the MACC - have forsaken their duties and democratic principles of good governance.
Just look with what is happening in the Selangor issue. Democracy and the separation of powers as enshrined in our constitution are no longer sacrosanct. They have been ignored without care.
Yobama: Although I did not have a legal education (but my education was legal), I know that whatever 'executive' powers the sultans had, have been removed by ex-PM Mahathir Mohamad during the 1993 constitutional crisis.
So where did Salehuddin get his information to say the sultan is the chief executive? Does the sultan run the state? Does he attend the exco meetings? The sultan, with all due respect, only officiates the opening of the state assemblies and signs all bills passed by the assembly.
Even if he does not give consent, the bills become law after 30 days. So where is the logic in saying he has executive powers? This man from Mais is living in his dreamland and should be awaken by someone.
What is happening to this country of ours? Umno is bringing us to the edge of the cliff with all kinds of stupidity emerging day after day, ad infinitum
Malaysiakini
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