Sultan has absolute power in appointing MB?

The nomination of opposition leader Anwar Ibrahim to contest in the by-election for the Kajang state constituency has become a hot topic throughout the country.
 
The decision has created numerous perceptions to the extent that many are wondering whether Anwar is suitable as a candidate to take over as Selangor menteri besar.

A former judge of the Court of Appeals, Mohd Noor Abdullah explained that the Sultan of Selangor, Sultan Sharafuddin Idris Shah has absolute power in deciding the appointment of an individual to be the state's menteri besar.

He said the power is provided for in the Selangor State Constitution 1959 based on Article 51.

"The Sultan of Selangor has absolute power on two matters and can make a decision without any advice, that is, in the selection of the menteri besar and secondly, in the dissolution of the State Legislative Assembly.

"In making a decision on these two matters, the sultan does not have to act on the advice of anyone," he told reporters.

Mohd Noor explained that the sultan is empowered to appoint any state assemblyperson whom he considers to have the confidence of the majority of the state assembly, and the second condition is that the menteri besar appointed must be of the Malay race and a Muslim.

He disclosed this when referring to the Article 51 of the State Constitution based on Article 53 (2)(a); and Article 51 (2) subject to Article 53 (4) in the Selangor State Constitution 1959.

"According to these provisions, the ruler or sultan however, could relax the condition according to his discretion to fulfill the first condition," he said.

In other words, he said, the constitution provides that the power rested on the people in the democratic process where the Sultan is merely a constitutional ruler and has the power to appoint the menteri besar based on the law specified.

Mkini