Bar Council: Perak Speaker’s decision can’t be challenged, best to return mandate to people

By SK English Team

The Bar Council said returning the mandate to the people and allowing a snap election was the only way out of the political impasse in Perak.

Ambiga Sreenevasan, president of the Bar Council said this was because the decision by the state assembly Speaker V Sivakumar to suspend Menteri Besar Zambry Kadir and six executive councillor could not be challenged in court.

“Regardless of whether the correct procedure was followed by the Speaker and the Committee of Special Privileges, under Article 72 of the federal constitution their conduct and the validity of their proceedings may nevertheless be outside the jurisdiction of the courts.”

Executive versus legislature

Under the doctrine of separation of powers between the executive and the legislature, the judiciary could not interfere in the workings of Parliament or the state legislative assemblies.

Ambiga said this also meant there could not be executive influence in the workings of either Parliament or the state legislative assemblies.

Explained human rights lawyer Malik Imtiaz Sarwar: “This incident highlights the separation of powers between the executive and the legislature. While the Menteri Besar may be the single most powerful person in the executive, in the legislature, it is the Speaker who is in charge.”

Ambiga also cautioned against lodging police reports against Sivakumar.

“We say this as it has been reported that there are attempts to lodge police reports against the Speaker of the Perak state assembly, which would violate these provisions,” said Ambiga.

She added that wrestling over the constitutional and legal issues would not solve the political problem in Perak.

“Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole.”