KUALA LUMPUR: The government must explain the constitutional basis under the Federal Constitution for the revocation of the appointments of 10 Negri Sembilan state executive councillors last month.
Datuk Seri Takiyuddin Hassan (PN-Kota Baru) said the move was in conflict with the Laws of the Constitution of Negri Sembilan (UUTKNS) 1959.
"The clarification is important, particularly regarding Articles 71(1) and 71(2) of the Federal Constitution, which provide federal guarantees for state constitutions," he said when debating the 2027 Supply Bill in the Dewan Rakyat today.
Takiyuddin said the termination of the state executive councillors' appointments did not comply with Article 38(5) of the UUTKNS, which stipulates that the appointment of an exco member, other than the menteri besar, may be revoked by the Yang di-Pertuan Besar of Negri Sembilan on the advice of the menteri besar.
"Based on our understanding, the menteri besar (Datuk Ismail Lasim) did not advise the Yang di-Pertuan Besar of Negri Sembilan to terminate the appointments of these 10 exco members.
"If Port Dickson (former Negri Sembilan menteri besar Datuk Seri Aminuddin Harun) can prove otherwise, let him do so. However, we understand that no such advice was given."
On Sept 21, Ismail said the dismissal or termination of a state executive councillor without the advice or request of the menteri besar was an error in law, unconstitutional and had no legal effect.
In a statement, Ismail said he had never been consulted or given advice on the termination of any Negri Sembilan executive councillors, as provided for under Article 38(5) of the UUTKNS.
His statement came in response to the decision by the Yang di-Pertuan Besar of Negri Sembilan, Tuanku Muhriz Tuanku Munawir, to revoke the appointments of the state exco members with immediate effect on Sept 20.
Meanwhile, Takiyuddin also questioned Attorney-General Tan Sri Mohd Dusuki Mokhtar's statement that the action was constitutionally valid, alleging that it was inconsistent with the provisions of the UUTKNS.
"I would like to ask the attorney-general which constitutional provisions he referred to in concluding that the action was valid."
Takiyuddin said Article 71(1) of the Federal Constitution guarantees a state ruler's right to ascend the throne and exercise the ruler's privileges in accordance with the state constitution.
He said Article 71(2) extends the same guarantee to a Ruling Chief of Negri Sembilan, with the necessary modifications.
As such, he questioned whether the federal government guaranteed that state constitutions were implemented without interference in matters governed by the relevant provisions.
"This constitutional issue deserves to be debated in this House because amendments to the Federal Constitution are made in Parliament, while state constitutions are deliberated in the respective state legislative assemblies," he said.
© New Straits Times Press (M) Bhd