Lawyer: Court can help determine PM's legitimacy

 

A lawyer has opined that the Federal Court can help put an end to the ongoing political crisis by answering the question on Muhyiddin Yassin's legitimacy as prime minister.

In a Youtube video, GK Ganesan said the Federal Constitution explained that the Yang di-Pertuan Agong can refer a question of law to the Federal Court, under Article 130 of the Federal Constitution.

The Agong, Ganesan (above) said, could ask whether the law, under the circumstances, allows the king to dismiss a recalcitrant prime minister.

By recalcitrant, he was referring to the fact that Muhyiddin only wishes to test his majority in Parliament in September although it has been in doubt since Umno withdrew support from his government on Aug 3.

The aspiring YouTuber said the Agong can also ask the court to answer if His Majesty could, under the doctrine of necessity, appoint a caretaker government pending a general election if no other MP commands the majority.

"Article 130 allows the king to ask the Federal Court for its legal opinion on the effects of the constitution.

"That is what we think His Majesty should do," Ganesan said. 

A second option was for the Federal Court to act on its own initiative, or suo moto, he added. 

The lawyer explained that the court can take "judicial notice" - observing the state of affairs, including the cabinet's refusal to have its majority tested immediately.

"True, the Federal Court has never acted suo moto on any issue. That doesn't mean that it cannot or that it will not.

"There is nothing to stop the Federal Court from acting suo moto, by relying on the doctrine of constitutional morality as well as the doctrine of necessity.

"Will they do it? We don't know. We can try," he said.

Ganesan argued that the courts had "inherent jurisdiction" - the power that the courts gave themselves to do justice.

As the Federal Court was designated to answer difficult constitutional questions and every judge swore to protect the constitution and rule of law, Ganesan opined they too can help answer the constitutional question over the prime minister's legitimacy.

"There is nothing to stop the Federal Court from calling before it the incumbent prime minister to prove that he has numerical support in the Dewan Rakyat and ask for arguments from all interested parties.

"These are extraordinary times. Unusual times call for unusual measures. Eventually, if no one is willing, we have to trust our judges to do what is right," he added.

Ganesan has been uploading videos on the law to YouTube since April last year. At the time of writing, he has around 19,000 subscribers. He specialises in international commercial law.

 - Mkini