Friday, 31 December 2010

Selangor Sultan has broken the State Constitution: Appointment of State Secretary

http://www.digitalibrary.my/dmdocuments/malaysiakini/277_selangor.pdf

Download this constitution and refer to para 55:

None in the list of actions that the Sultan has discretion of, is the
appointment of the State Secretary.

The Sultan must act on the advice of the State Executive Council.

Under Para 52, it is mentioned that only the Service Commission be
allowed to appoint the State Secretary but with the Sultan bound to
seek advice from the State Executive Council, the Service Commission
cannot overide the State Executive Council, let alone bypassing him.

This is extraordinary and against the spirit of the constitution and
Parliamentary Democracy.
The wishes of the people through the election of the State Executive
Council must be respected.

This constitution should be similar to Sabah. In Sabah, the state
government has its own Service Commission. They must function
according to strict rules and since it is a commission, i.e. its power
is derived from the Sultan or the TYT in the case of Sabah, the
commission cannot make its decision behind the Chief Minister's back.

The Federal Public Services commission has no right to appoint State
Government officers. Not so sure about the states in West Malaysia.

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