The setting up of a constitutional court in the country will solve the various conflicting issues and challenges that the state and federal constitutions are facing in the civil courts now.

dap education roundtable meeting 111006 m kulasegaran DAP Ipoh Barat MP, M Kulasegaran, in making this call, said: “Now the powers of the state and federal constitution are being tested in the various civil courts and different decisions are being taken by different courts which are unprecedented.

“The political impasse in Perak has triggered this flood of suits, appeals and counter-appeals in the civil courts. Expectations of the public are high. As such we need to amend the Federal Constitution to allow a constitutional court to be set up.”

However, he added that “setting up the constitutional court is one thing and to get judges of honesty, quality, integrity and with the right temperament is another.

“Many countries like India and Thailand have such constitutional courts to deliver correct judgments on constitutional issues. I had raised up this matter in parliament several times but there was no response.

“However, the time has now come to set up such a court as the state and federal constitutional laws are being challenged in the various civil courts which are dragging on with no clear solution in sight to clear the political impasse in Perak.”

Civil courts least equipped to settle political issues

Kulasegaran, who is also a lawyer, sees the “civil courts as least equipped to settle political issues which are being tested out in the courts today.”

“The courts can make whatever decisions they want now, but it is ultimately the power of the people that will decide on what type of state government they want.”

nizar and zambry court 130509 He was commenting on the political impasse and uncertainty that the state is now facing in which Pakatan’s Mohammad Nizar Jamaluddin is having a roller coaster legal battle with Barisan Nasional’s Menteri Besar Zamry Abd Kadir to decide on the legality of their status.

Kulasegaran also suggests in the eventuality that the Perak state assembly cannot be allowed to be dissolved then at least ask or demand the three independent assemblymen (Changkat Jering, Behrang and Jelapang) to “officially” resign their seats and for by-elections to be called.

“This may settle the issue as to whether the voters in the three constituencies voted for a PR or BN state government.”