An act of DURHAKA…..?

The conundrum between Selangor Pakatan Rakyat Government Vs HRH Sultan Selangor taken into a deeper evil twist. The Selangor PR Government intended to amend the Selangor State Constitution with the explicit intetion to curb HRH Sultan’s powers.

The Star reports:

Published: Monday January 3, 2011 MYT 10:24:00 AM
Updated: Monday January 3, 2011 MYT 3:21:42 PM

S’gor MB wants state constitution amended

By WANI MUTHIAH and A. RUBAN

Khalid says Mohd Khusrin will not be sworn in before him and, given this, cannot attend state-related meetings deemed confidential, including the weekly executive council meetings

SHAH ALAM: The Selangor state government wants the state constitution amended to return the power of appointing the state secretary to the Sultan and the Mentri Besar.

Mentri Besar Tan Sri Khalid Ibrahim said he had asked Speaker Datuk Teng Chang Khim to call for an emergency state legislative assembly meeting to discuss making amendments to the state constitution.

Khalid told reporters that the amendments must return the power to the Selangor palace and the Mentri Besar in all matters concerning the appointments of the state secretary, financial officer and legal adviser.

Khalid, who met Selangor ruler Sultan Sharafuddin Idris Shah earlier in the day, said the Sultan had told him he had no power to either reject or accept appointments made by the Public Service Commission (PSC).

This was because the laws, including the Selangor constitution, was amended in this area during the 1993 constitutional crisis, he added.

The new state secretary Datuk Mohd Khusrin Munawi would not be sworn in before him and, given this, could not attend state-related meetings deemed confidential, including the weekly executive council meeting, he said.

Khalid also said that the he and the executive council members would not attend any function commemorating Mohd Khusrin’s appointment.

Khalid also said that the state government would be writing to the PSC over the appointment of a qualified and appropriate candidate to fill in the state secretary’s post vacated by Datuk Ramli Mahmud on Dec 31 last year.

According to sources Khalid and the exco members might keep away from Khusrin’s swearing in ceremony before the Sultan on Thursday.

Mohd Khusrin, appointed by the PSC, reported to work this morning.

***************

The move should be seen as an act against HRH Sultan of Selangor. This should be seen as nothing but durhaka!

Now MB Khalid declared that the newly appointed Selangor State Secretary is now a persona non grata and should not attend specific official State Government functions and meetings. That include the weekly Selangor State Exco Meeting.

With this recent developments, the Federal Government should consider declaring a State Emergency. After all, the Federal Constitution provide the ultra vires powers to do so:

Article 150 of the Constitution provides that:150. Proclamation of Emergency

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2c) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2b) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2b).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer of authority thereof.

(5) Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution:

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1); (ii) the continued operation of such Proclamation; (iii) any ordinance promulgated under Clause (2b); or (iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.”

courtesy of the "thirteen million plus ringgit" guy rambles.....