Which article of the Perlis Constitution governs casual vacancies?

Question

Accepted Answer

Article 50A of the Perlis State Constitution governs casual vacancies.

Article 50A of the Perlis State Constitution outlines the duties of the Speaker concerning casual vacancies, including the confirmation of their occurrence and notification to the Election Commission. This article was central to a recent court case where three former assemblymen challenged the Speaker's decision to declare their seats vacant. The court ultimately upheld the Speaker's actions, stating that such matters are generally not subject to judicial review if they fall within the Speaker's constitutional powers.
Speaker's Duty to Confirm and Notify

The Speaker of the Perlis State Assembly has a constitutional obligation under Article 50A to confirm when a casual vacancy has arisen in a state seat. Following this confirmation, the Speaker is then required to formally notify the Election Commission about the vacancy. This process is a key procedural step to ensure that electoral processes can be initiated for the vacant seat.
Judicial Non-Justiciability of Speaker's Decisions

Decisions made by the Speaker in relation to the State Assembly, including those pertaining to casual vacancies, are generally considered non-justiciable. This means that the courts will typically not intervene to question or review such decisions. This principle stems from the doctrine of separation of powers, which preserves the autonomy of the legislative branch from judicial oversight in its internal proceedings.
Cessation of Membership and Vacancy Declaration

The specific instance of casual vacancies in question involved three former PAS representatives whose membership ceased, leading to the declaration of their seats as vacant. This cessation of membership was stated to be in accordance with Article 50A(1)(a)(ii) of the Perlis State Constitution. The Speaker's subsequent declaration of these seats as casually vacant followed this constitutional provision.
Constitutional Powers and Internal Affairs

The Speaker's actions concerning casual vacancies are protected as long as they are exercised within the scope of constitutional powers conferred upon the office. This includes matters relating to the internal affairs of the State Assembly. Consequently, challenges to these decisions in court are often dismissed if they are deemed to fall outside the purview of judicial review, as was the case for the three former assemblymen.

Reading history

Hide →

This history is cleared when the page is closed.

Which article of the Perlis Constitution governs casual vacancies?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

2

0

0

Share with friends