Before 1993, the Selangor Constitution did indeed give powers to the State regarding the appointment of the State Secretary.

There has been allusion to the original text but so far I have not seen anyone put it in print. The original wording of section 52, clause (1), gives an indication of the background of the so-called constitutional "conventions". The original text reads as follows:

"(1) His Highness shall on the recommendation of the appropriate Service Commission by instrument under His Sign Manual and the State Seal appoint a person holding whole time office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively:

Provided that before acting on the recommendations of the Service Commission His Highness shall consider the advice of the Mentri Besar and may once refer the recommendation back to the Commission in order that it may be reconsidered."

All the powers of the State in this section have since been deleted, giving full powers of appointment to the "appropriate Service Commission".

In addition, the original wording of clause (6) of the same section explicitly gave discretionary powers to the Sultan:

"(6) In the event of there being no Service Commission having jurisdication in respect of any appointment of any officers mentioned in Clause (1) such appointment may be made by His Highness acting in His discretion."

This clause has been entirely deleted.

These clauses show the original spirit of the constitution and showed the important role played by the Sultan as a constitutional monarch.

Deleting these clauses effectively tampered with the fundamental nature of the constitution and has resulted in the present impasse.

I see the way forward as reaffirming that any "Service Commission" that makes decisions on the appointment of state officials is required to respect the sovereignty of the Sultan, who acts on the advice of an Executive Council representing the Rakyat.