Must the mentri besar be a Johor state assemblyman?

Question

Accepted Answer

The Mentri Besar Must Be a Johor State Assemblyman

The appointment of the Mentri Besar (MB) for Johor is constitutionally bound by specific requirements, necessitating that the candidate must be a member of the Johor state legislative assembly and command the confidence of that assembly. While the Sultan of Johor formally appoints the MB under Article 3 of the Johor state constitution, this power is explicitly qualified by Article 4 of the same constitution. These provisions ensure that the Sultan's discretion is not absolute, but rather must align with the constitutional framework that prioritises legislative confidence and assembly membership.
Constitutional Requirements for Appointment

The Johor state constitution clearly stipulates that the ruler "shall" appoint a Mentri Besar who, in his judgment, is likely to command the confidence of the majority of the state assembly members. This is further detailed under Article 4(2)(a) of the Second Part of the constitution. This procedural requirement is not merely a suggestion but a binding obligation, reflecting a constitutional monarchy where the ruler acts within defined parameters. The appointment of an individual who does not meet these criteria, such as a Member of Parliament (MP) who is not a Johor assemblyman, could be subject to legal challenge.
Limits on the Sultan's Discretion

Lawyers have indicated that the Sultan's power to select a Mentri Besar is not unfettered. The constitutional stipulations mean that the choice must align with the established requirements, preventing arbitrary appointments. This principle is echoed in Article 43 of the Federal Constitution, which governs the appointment of the Prime Minister and Cabinet members, highlighting a consistent approach across Malaysia's governance structure. The intent behind these provisions is to ensure that the executive leadership is rooted in and accountable to the elected legislature.
The Role of Legislative Confidence

A critical aspect of the appointment process is the requirement that the candidate commands the confidence of the majority of the state assembly members. The ultimate decision on who holds this confidence rests with the elected representatives themselves. Legal interpretations suggest that if a coalition or party, such as Pakatan Harapan (PH) in this context, holds the majority of state seats, they have a significant say in the selection of the Mentri Besar. Any attempt to bypass this legislative confidence, even if ostensibly within the ruler's discretion, would contravene the constitutional spirit and could be legally contested.

Reading history

Hide →

This history is cleared when the page is closed.

Must the mentri besar be a Johor state assemblyman?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends