Two opposing parties can interpret the constitution, but the court may be the best place for a resolution
Two days ago, Member of Parliament for Kota Bharu, Kelantan (PAS), Datuk Seri Takiyuddin Hassan, raised an issue in the Dewan Rakyat regarding the cancellation of the appointment of ten Negeri Sembilan Executive Councillors (Exco) by the decree of the Yang Dipertuan Besar, Tuanku Muhriz Tuanku Munawir, in that state.
Although he did not voice an open objection, he presented it as a matter of confusion after referencing the Negeri Sembilan constitution.
He argued that the state constitution states an Exco can hold office at the pleasure of the Yang Dipertuan Besar, and that the ruler can cancel the appointment on the advice of the Menteri Besar.
In the context of the ongoing crisis in Negeri Sembilan right now, the appointments of the ten Exco members were cancelled by the Yang Dipertuan Besar without advice from the Menteri Besar.
From a logical standpoint—rather than a legal one—the Yang Dipertuan Besar certainly had a reasonable ground for issuing such a decree without getting advice from the Menteri Besar.
This is because, again logically, the ten Exco members had agreed to depose the ruler, supported by the Menteri Besar himself. How could the Menteri Besar possibly advise the Yang Dipertuan Besar to cancel the appointment of those ten Exco members?
There is a conflict of interest on the part of the Menteri Besar if he were to advise the Yang Dipertuan Besar to cancel the Exco appointments.
Video published by KiniTV
Although the Menteri Besar and the Exco argued that they agreed to the deposition of Tuanku Muhriz to comply with the decision of the Undang Yang Empat and the Tunku Besar Tampin in accordance with powers enshrined in the state constitution, it appears not to fully satisfy the constitutional requirements.
There is a specific clause that mandates Tuanku Muhriz must be investigated in detail, fairly, and impartially if he is accused of committing an offense.
No trial was held, and no opportunity was given to Tuanku Muhriz to argue or defend himself. Suddenly, a decision was made to depose him.
Logically speaking, an attempt to depose the reigning ruler without fully meeting constitutional demands can be considered treasonous.
Therefore, the action of cancelling the Exco appointments by the Yang Dipertuan Besar is seen as having its own reasonableness.
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