The Discretionary Power of the Royal Highness the Sultan of Selangor in the appointment of Menteri Besar according to the Constitution of Selangor. #klxpress Q1: Who has power to appoint the Menteri Besar of Selangor? A1: HIS ROYAL HIGHNESS Q2: What are the criteria to become MB Selangor? A2: Under Article 51 (1) of the Second Part of the Laws of the Constitution of Selangor, 1959 under the Machinery of Government, on appointment by His Royal Highness, “by Instrument under His Sign Manual and the State Seal” appoint a Menteri Besar which fulfills the following criteria: “he is of the Malay race and professes the Muslim Religion” and “who in His judgment is likely to command the confidence of the majority of members of the Assembly” – Article 51 (2) and Article 53 (2) (a). Q3: Can HIS ROYAL HIGHNESS forego/dispense of the above criteria? A3: Yes, Under Article 53 (4) of the Selangor Constitution : “In appointing a Menteri Besar His Royal Highness may, in His discretion, dispense with any provision in this constitution restricting His choice of a Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article”. Q4: Does HIS ROYAL HIGHNESS have discretionary powers in exercising his authority? A4: Yes, His Royal Highness still retains “His discretion” in the performance of the following functions (Article 55 (2) of the State Constitution): . The appointment of the Menteri Besar . The withholding of consent to a request for the dissolution of the Legislative Assembly. . The making of a request for a meeting of the Conference of Rulers concerned with the privileges, position, honours and dignities of Their Royal Highnesses or religious acts, observances or ceremonies; . Any function as Head of the Muslim Religion or relating to customs of the Malays, . The appointment of an heir or heirs, consort, Regent or Council of Regency, . The appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto; & . The regulation of royal courts & palaces Moreover under Article 55 (3) provides that the state has no powers to make laws requiring His Royal Highness to act after consultation with or on recommendation of any person/body of persons in the exercise of the above function. This means that the Sultan still retains some form of discretionary powers which include the appointment of the Menteri Besar. This provision is in line with Article 53 (4) in which the Sultan may dispense of the requirement of Article 51 which requires that the Menteri Besar has to be a Malay and has to command the confidence of the majority of the Assembly. Compiled by Dr Abang Azhari Hadari Panel Pemikir JASA
Posted on: Tue, 19 Aug 2014 07:49:18 +0000
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