Who commands majority support?

GURDIAL SINGH NIJAR

From all accounts it appears that the Selangor palace has shortlisted three potential candidates for the post of the next Selangor menteri besar (MB), to bring to a close the crisis that has been raging for these several weeks past.

The question on everyone’s lips is, will the crisis be finally resolved?

More importantly, are we about to witness the reordering of the fundamental construct on which our Constitution is based?

These questions are raised in the context of the fact that none of the three candidates, on the face of it, have thus far been shown to command the confidence of the majority of the members of the legislative assembly.

And this “majority command” – on high established legal authority – appears to be the only criteria for the appointment of an MB.

This is what a “constitutional monarchy” in the context of our Federal Constitution is all about.

Many on high have elaborated on the exercise of the discretion by the Sultan in appointing an MB – from the chief justice (“must appoint someone who has the command and confidence of the majority of the members of the state assembly”) to former lord president, Raja Azlan Shah (the king‘s role “no more than giving constitutional endorsement to the decision of the party in power”).

Undoubtedly, His Royal Highness has his own mechanism for ascertaining who in His judgment commands majority confidence. This should be made readily transparent to avoid the risk of an unsettling disquiet by the people. Unexplained, it may spawn constitutional complexities and possible challenges which may unduly extend, rather than resolve, the crisis.

This is especially crucial since, so far, majority support has been demonstrated through acceptable legal means for only a single named candidate from the ruling party.