Malaysiakini Yoursay

Yoursay: A constitutional monarch cannot reject PM’s CJ pick

Yoursay  |  Published:  |  Modified:

YOURSAY | ‘It’s not right for rulers to hold up and stand in the way of our democratically elected gov’t.’

CJ nomination awaiting approval from Conference of Rulers, says Dr M

Gerard Lourdesamy: Article 122B (1) of the Federal Constitution is very clear. The appointment of the chief justice is made by the king acting on the advice of the prime minister, after consulting the Conference of Rulers.

The Federal Court in Anwar Ibrahim v Public Prosecutor [2000] 2 CLJ 570, made it clear that the actual appointing authority is the prime minister and that the king could not but follow the advice of the prime minister.

The court went on to say that even the requirement to consult with the Conference of Rulers does not amount to much, as the views of the conference could be discarded.

The use of the word "consult" does not mean "consent", the king is not bound by the advice, opinion or views of the conference.

Articles 40(1) and (1A) of the constitution are clear in that the king acts on the advice of the prime minister and that he must accept and act on such advice. The king does not retain discretion in such matters other than in those circumstances referred to in sub-clause (2) of Article 40.

Apart from the provisions of our written constitution, the power of the king is severely circumscribed by convention and precedent when it comes to appointments on the advice of the prime minister or cabinet.

A constitutional monarch cannot refuse to act on the advice of the cabinet and if he so does, the prime minister is entitled to seek a dissolution of Parliament and a fresh general election.

The danger with that is the reputation and standing of the crown would be severely affected.

If the same government is re-elected, and the sovereign still refuses to make certain appointments on the advice of the cabinet, the government may have no choice but to go to Parliament to remove the sovereign from office.

Fair Play: The real test is this, and Dr Mahathir Mohamad has said it all – he has informed the Yang di-Pertuan Agong about his choice for the chief justice’s post.

There is a need for the king to inform the other rulers, so that is being done now and we are waiting for them to give the approval.

Tun has performed his duty in accordance with the constitution. Now the king (and the rulers) have to perform their duty in accordance with the Constitution too.

Kural: Our royal institutions, which by and large have been held in high esteem since independence have of late unfortunately come under some antipathetic sentiments from the general public.

This is due primarily to the public perception of its inaction despite public grievances against the excesses of Najib Abdul Razak’s rule. 

The one million signatures may have rendered a fault line outcome that needs mending now.

Mohd Isnin: The episodes of the past few weeks had opened the rakyat's eyes. A lot of details and information of a covert attempt at sabotaging the federal government had been made known to the public.

As the events unfolds in days and years to come, the rakyat would be more aware of such attempts and are prepared to fight for true democracy.

Quigonbond: There may be a few aberrations within the Conference of Rulers, but hopefully and collectively they will agree to the appointment of a chief justice that is learned, honest, courageous, smart and independent.

S’pore paper claims Dr M and rulers in stalemate over chief justice

BraveMalaysian: I thought the king, being a constitutional monarch, is supposed to approve the recommendations of the prime minister, on behalf the government and thus the people?

Are they now going to choose the prime minister, the chief minister, menteri besar, cabinet and excos as well? Next, they might as well choose the people's representatives and forget about democratic elections.

Kind Soul: We have had incompetent chief justices causing our judiciary, in turn, to decide as they please, and not according to law.

Do the Malay rulers want that? Must not the best lawyer be chief justice according to the Federal Constitution?

It is for the prime minister to recommend who he thinks will make the best chief justice for the king to appoint. The best person will benefit the whole country, all people including the Malays.

Half-past-six chief justices have allowed the country to fall into the level of kleptocracy.

Kawak: This is a sad state of affairs in Malaysia. All of them are only concerned about taking care of their own personal interest. Many wore myopic racist spectacles.

They are supposed to uphold the constitution, but they are the same persons who ignore it. They want a corrupt government that plunders and share the loot.

They yell empty slogans of protecting race, religion, the nation and the rakyat. They are hypocrites of the highest level.

TehTarik: As has been mentioned before, the Malay right is hitting back at the concept of a more secular, liberal and multiethnic society. This will continue until Umno-PAS regains power in 2023.

The once-in-a-century chance of a more open society with a fair and just society, where every Malaysian is treated equally, will be lost.

As has been repeated many times, it is time Chinese, Indians and liberal Malays seriously contemplate migration or at least develop skills to become a universal citizen. Otherwise, you will drown in the tsunami of Malay and Islamic supremacy.

Kamikasi: The interference from the palace will only cause disrespect to the king and the sultans.

We appeal to his royal highnesses to please respect the ruling party and the wishes of the people.

We hope that the king will act wisely to gain respect from the citizens of this country.

Eleos: Mahathir has made mistakes in the past. I can't see him emerging once again at 93-plus to repeat the mistakes of the 80s.

He is today driven by a deep desire to do right by the country, especially the Malays. The country believed him and voted for him on May 9, 2018.

Just look at the punishing schedule he has set for himself. He has visited so many countries championing Malaysia and its people.

Don't indict him based on past errors. I trust him to make the best judgement where the chief justice is concerned.


The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now.

These comments are compiled to reflect the views of Malaysiakini subscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.

Share this story

OR

Welcome back,

Your subscription expires on
  

Your subscription will expire soon, kindly renew before
  

Your subscription is expired
  Click here to renew

You are not subscribed to any subscription package
  Click here to subscribe now

Any questions?
  Email: [email protected]
  Call: +603-777-00000

Renew