This is regarding the article in The Star where the Opposition says that the Menteri Besar and not the Sultan has jurisdiction over the appointments of those in the public service at http://www.thestar.com.my/news/story.asp?file=/2008/5/12/nation/21221220&sec=nation.
I seriously question this, because although sounding true, when I looked up the Constitution of Malaysia, I found this:
PART X - PUBLIC SERVICES
Article number: 132
132.
(1) For the purposes of this Constitution, the public services are -o
(a) the armed forces;o (b) the judicial and legal service;
o
(c) the general public service of the Federation;o
(d) the police force;o
(e) the railway service;o
(f) the joint public services mentioned in Article 133;o
(g) the public service of each State; ando
(h) the education service.(2)
Except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any such law, by Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State. (2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (e), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri. (3) The public service shall not be taken to comprise -o
(a) the office of any member of the administration in the Federation or a State; oro
(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; oro
(c) the office of judge of the Supreme Court or a High Court; oro
(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; oro
(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation.•
(4) References in this Part, except in Articles 136 and 147 to persons in the public service or to members of any of the public services shall not apply to:o
(a) the Clerk to either House of Parliament or any member of the Staff of Parliament; oro
(b) the Attorney General or, if provisions for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; oro
(c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; oro
(d) in the case of Malacca and Penang, if provision is made by State law for their appointment -(i) the President of the Religious Affairs Department;
(ii) the Secretary of the Religious Affairs Department;
(iii) the Mufti;
(iv) the Kadi Besar; or
(v) a Kadi.
Such is Article 132 which is right at the beginning of the part on Public Services.
Please correct me if I am wrong, but doesn't this mean that the MB actually insulted the Sultan by bypassing him, or even worse, insulted the Agong? I'm not sure which, but JAIP is obviously either a state public service or a joint public service (even worse, as you are bypassing the Agong who is the number one person with the Permaisuri at number two in the country). Don't believe me?
PART IV - THE FEDERATION
Chapter 1 - The Supreme Head
Article number: 32
32.
(1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court. (2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation. (3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler. (4) The provisions of Part l and lll of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong.Also, regarding the loudly proclaimed "freedom of speech", there is this:
PART II - FUNDAMENTAL LIBERTIES
Article number: 10
10.
(1)
Subject to Clauses (2), (3) and (4) -o
(a) every citizen has the right to freedom of speech and expression;o
(b) all citizens have the right to assemble peaceably and without arms;o
(c) all citizens have the right to form associations. (2) Parliament may by law impose -o
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;o
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;o
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality. (3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education. (4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.So, freedom of speech isn't that free of responsibility after all, is it? The MB can't do ANYTHING he likes without asking the Ruler or the Agong, can he? Still think Karpal still isn't wrong when he says the appointments of state civil servants are completely under the Menteri Besar and Executive Committee alone, and nothing to do with the Ruler or Agong?
