Perak constitution amended without two-third majority
Humayun KabirPublished: Dec 3, 2010 11:59 PM | Updated: Dec 4, 2010 2:53 PM
A motion tabled by Perak Menteri Besar Zambry Abdul Kadir to amend the state constitution was passed by the legislative assembly without securing a two-third majority.
A motion tabled by Perak Menteri Besar Zambry Abdul Kadir to amend the state constitution was passed by the legislative assembly without securing a two-third majority.
Prior to the motion being tabled, Khalid Idham Lim Abdullah (PAS -Titi Serong) objected, arguing that an enactment of the state legislature must be tabled to amend the constitution.
Such an enactment would require several readings before an approval is sought from at least two-thirds of the members of the House.
After a short argument, Zambry sought the advice of state legal advisor Ahmad Kamal Md Shahid and the latter, after flipping through the state constitution, concurred with the menteri besar that merely tabling a motion would suffice.
Following this, the motion was passed with a simple majority. BN has 28 assemblyperson and is supported by four independents. All 27 Pakatan Rakyat state assemblypersons abstained from voting.
After the motion was passed, speaker R Ganesan adjourned the sitting sine die.
Opposition: Process unconstitutional
Following the 147th meeting of the Perak Royal House headed by Sultan Raja Azlan Shah on Aug 12, the ruler had directed for Article 58 (1)(a) of the Second Part of the Perak Constitution to be amended.
The amendment was to accommodate four more Raja Yang Bergelar with the titles Raja Kechil Besar, Raja Kechil Sulong, Raja Kechil Tengah and Raja Kechil Bongsu into the Royal House.
At a press conference later, Opposition Leader Mohammad Nizar Jamaluddin expressed unhappiness over the way the constitution was amended.
His colleague Ngeh Koo Ham, the Sitiawan state assemblyperson from DAP, argued that Article III (3) of the Perak Constitution clearly stipulated that the constitution could only be amended by means of an enactment of the state legislature.
Ngeh, a trained lawyer, also pointed out that Article III (4) of the Perak Constitution stated that such amendments could only be passed if it was supported by no less than two-thirds of the members of the House.
Prior to the motion being tabled, Khalid Idham Lim Abdullah (PAS -Titi Serong) objected, arguing that an enactment of the state legislature must be tabled to amend the constitution.
Such an enactment would require several readings before an approval is sought from at least two-thirds of the members of the House.
After a short argument, Zambry sought the advice of state legal advisor Ahmad Kamal Md Shahid and the latter, after flipping through the state constitution, concurred with the menteri besar that merely tabling a motion would suffice.Following this, the motion was passed with a simple majority. BN has 28 assemblyperson and is supported by four independents. All 27 Pakatan Rakyat state assemblypersons abstained from voting.
After the motion was passed, speaker R Ganesan adjourned the sitting sine die.
Opposition: Process unconstitutional
Following the 147th meeting of the Perak Royal House headed by Sultan Raja Azlan Shah on Aug 12, the ruler had directed for Article 58 (1)(a) of the Second Part of the Perak Constitution to be amended.
The amendment was to accommodate four more Raja Yang Bergelar with the titles Raja Kechil Besar, Raja Kechil Sulong, Raja Kechil Tengah and Raja Kechil Bongsu into the Royal House.
At a press conference later, Opposition Leader Mohammad Nizar Jamaluddin expressed unhappiness over the way the constitution was amended.His colleague Ngeh Koo Ham, the Sitiawan state assemblyperson from DAP, argued that Article III (3) of the Perak Constitution clearly stipulated that the constitution could only be amended by means of an enactment of the state legislature.
Ngeh, a trained lawyer, also pointed out that Article III (4) of the Perak Constitution stated that such amendments could only be passed if it was supported by no less than two-thirds of the members of the House.
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