I do not intend to question the wisdom of the learned federal court judges who decided against the Perak state assembly speaker.
As a layman, I can state that our country's legal system is based on statutes and common law. When judges make certain judgements, they act as precedents and are cited in subsequent cases when necessary while the legislature promulgates laws.
Since the federal court has decided on a fundamental constitutional matter, it would naturally have far-reaching implications on our parliamentary and legal system. In this case the federal court has stepped into the jurisdiction, rights and privileges of a state legislature.
In brief, the federal court has overruled the jurisdiction and the powers of the Perak state assembly speaker to take action against the mentri besar and several state assembly persons.
Well, what would happen next is certainly going to be an interesting chapter in Malaysia's parliamentary system which is based on the Westminster parliamentary system.
I fear that the state assemblies and Parliament would certainly become lawless territories by virtue of this federal court judgment.
Members of Parliament and state assembly persons who have been suspended or expelled from the two houses for whatever reason would now have the privilege and freedom to challenge the speaker's decision in an open court.
It was reported that member of Parliament Gobind Singh Deo - who was suspended from parliamentary sittings for one year - will challenge the decision of the speaker in the courts, based on the Perak case.
The floodgate is now open for such litigations and god knows what will happen next.
In my view, good taxpayers' money would be wasted in fighting such cases in the courts. Also, the Parliament and the state assembly speakers have lost their right to control their houses by virtue of this federal court judgment.
They have lost their power to control the legislatures because their decisions could eventually be challenged in the courts.
MPs and assembly persons would just tell the speaker off by saying: ‘I will see you in court' if action is taken against them for whatever reason.
This is a common statement uttered in public by feuding people. A legal precedent was established in the Perak case and has now become common law which would now act as a basis for future challenges in our courts.
In which direction is our beloved nation and its time-tested democracy heading to?