KUALA LUMPUR: Under the Perlis Constitution, it is the prerogative of the Raja of Perlis and not the Prime Minister to decide who commands the confidence of the majority and should be made Mentri Besar after the elections, said constitutional law expert Prof Shad Faruqi.
He said this was clearly spelt out under article 39(2) of the State Constitution.
Therefore, he said, it was unconstitutional for the Prime Minister to determine who would be mentri besar.
The Prime Minister cannot appoint the mentri besar. Im sure it was not the intention of the Prime Minister to usurp the powers of the Raja of Perlis, he said.
Prof Shad pointed out that the Ruler did not have the absolute discretion in making his choice.
He said it was only proper for the palace to pick someone who was the acknowledged political leader and had the confidence of the majority, rather than giving preference to someone the palace liked.
The palace shouldnt be involved in politics. The Raja of Perlis should be above politics and not allow personal feelings to colour his judgment, he said.
He, however, stressed that if the palace was approached by people not wanting a particular candidate to lead their state, then it was only right for the Ruler to take this into account.
Prof Shad said now that the appointment had been made, Datuk Dr Md Isa Sabu could only be dismissed by the state assembly.
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