COMMENT | The days when the titah of a sultan (royal command) must be obeyed are gone.
| We, members of G25, take cognizance of the fact that the menteri besar of Johor had formally tendered his resignation to the Sultan of Johor on April 13 and a new menteri besar had been appointed yesterday.
From the above report, we identify two pertinent issues of constitutional importance that need to be addressed. One, does a ruler have the power to remove a menteri besar, and two, does a ruler have the prerogative to appoint a menteri besar of his choice? Where he is satisfied that, via a motion duly tabled before the state legislative assembly, the menteri besar no longer enjoys the confidence of the majority of the members of the House; or
Thus, the ruler must appoint as the menteri besar only a member of the state legislative assembly who is likely to command the confidence of the majority of the members of the assembly; and not any other person whom he likes. In deciding which particular member of the state legislative assembly is likely to command the confidence of the majority, a ruler must consider any representation made by the leader of the winning party.
“When the party which obtains the majority of seats in the general election decides to nominate one of its members of the assembly for appointment as menteri besar, in my view the ruler has no discretion but to appoint him.
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