Independent Judiciary

Personally, I am against the idea of the courts being embroiled in the current Silver Sandiwara. I like the idea of having an independent judiciary, one which is equal in power but distinctly separate from the other branches of government. However, we may end up seeing a situation where a 3-men bench got to decide who was the lawful Menteri Besar of Perak.

Whichever way the judges rule, our democracy would have suffered a setback. Whomever they choose to pick as the lawful MB, would circumvent all sorts of procedures. As far as I can tell, the lawful MB is whomever commands the majority of the Assembly and is thus appointed by the Sultan. Unless of course, we get a surprise decision where the judges rule not to rule.

You see, from what I read in a M’kini letter, Article 72 of our Constitution specifically states:

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

This actually gives the judges a sneaky way out of the situation, by pointing out the fact that the proceedings in the Assembly are not in their purview. So, whether or not an MB commands the majority of the house, is not up to the judiciary to decide. It is entirely up to the Assembly to decide, which was the crux of the whole problem to begin with.

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Published by

Shawn Tan

Chip Doctor, Chartered Engineer, Entrepreneur, Law Graduate.

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