Following Johor ruler Sultan Ibrahim Sultan Iskandar's threat to dissolve the state assembly if there is another power struggle in the state, Pasir Gudang MP Hassan Abdul Karim highlighted the legal limits to the sultan’s power to follow through on this threat.
He said while Article 23(2) gives the sultan power to “prorogue or dissolve” the assembly, the provision should be read together with Article 7(1) of the constitution, which states that the rulers shall act “in accordance with the advice of the state executive council” in performing his constitutional functions.
“This means the sultan cannot unilaterally dissolve the state assembly. If the menteri besar seeks an audience with the sultan and advises for the state assembly to be dissolved, only then the assembly can be dissolved,” he said in a statement today.
This is similar to the Federal Constitution, where the Yang di-Pertuan Agong may not dissolve the parliament unless advised to do so by the prime minister.
Meanwhile, Hassan pointed out that while Article 7(1) requires the sultan to act in accordance with the state government’s advice, Article 7(2) spells out some areas where the Johor ruler may exercise discretion.
Under Article 7(2)(b), he pointed out that the sultan has the discretion to withhold consent when asked to dissolve the state assembly.
The Johor sultan’s threat came amid Johor Pakatan Harapan’s claim that they have the numbers to retake control of the state government following a coup in February.
It is speculated that Harapan will secure support from Bersatu assemblypersons to cross over from Perikatan Nasional.
In light of the sultan’s decree, Johor Harapan said they will respect the decree. - Mkini
Kamu Cakap depan Sultan Johor
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