The Sultan of Kelantan has no prerogative in deciding if he can or cannot assent to the proposed amendments to the state constitution which are aimed at curtailing his powers, DAP deputy chairperson Karpal Singh said today.

He said that the Sultan will be acting unconstitutionally if he does not assent, adding that the ruler can, however, refer the matter to the Federal Court for clarification.

Karpal also said that Prime Minister Dr Mahathir Mohamad was wrong in stating yesterday that it was up to the Sultan to decide whether to assent to the amendments.

"The state constitution makes it obligatory for the Sultan to act in accordance with the advice of the State Executive Council. When the Amendment Bill was forwarded to him by the Mentri Besar, the Sultan had no alternative but to sign it," said Karpal.

"It is my view that the Sultan will be acting unconstitutionally if he does not assent to the proposed amendments."

He added that Mahathir should respect the sovereignty of the Kelantan state assembly which has a right to pass any amendment it thinks necessary.

Yesterday, Mahathir was reported in the New Straits Times as saying that the royal assent to the proposed amendments was the Sultan's prerogative.

"It is up to him. If he does not give his assent, then the Amendment Bill will have no effect," said Mahathir.

Sultan's stand

Mahathir was commenting on a statement by the Sultan's uncle and Gua Musang MP Tengku Razaleigh Hamzah that the Sultan will not give his assent to the amendments which were passed without any debate by the state assembly on June 25. The state government submitted the bill to the Kelantan palace for the Sultan's assent on July 15.

(All 40 Pas assembly representatives voted in favour of the amendments while the only two Barisan Nasional representatives did not attend the sitting, claiming that it was illegal since it did not obtain the consent of the Sultan.)

Tengku Razaleigh had said that the Sultan would not sign the Amendment Bill on the ground that it was not passed according to the procedures of the state legislative assembly.

"The Sultan reiterated this (refusal to sign the bill) when I called him after the bill was delivered to the palace," Tengku Razaleigh was reported as saying in the New Straits Times on Saturday.

On July 2, Tengku Razaleigh had said that the Sultan had expressed his opposition against the amendments to the state constitution and that he (the Sultan) will not sign any Amendment Bill.

Karpal in his statement today also said that it was not Tengku Razaleigh's role to announce the Sultan's intentions and any such announcement must be made officially by the Kelantan palace.