PETALING JAYA: It is not unconstitutional for a political coalition to announce poster boys as potential mentri besar should the coalition win the state election, say experts.
“To announce that a person would be the one proposed to be the chief minister or mentri besar during an election campaign is not unconstitutional, as that is merely saying that he is the flag bearer,” said constitutional expert Emeritus Prof Datuk Dr Shad Saleem Faruqi of Universiti Malaya.
“However, to state that the person will be the mentri besar is not the right thing to do.
“This is because the discretion of the Malay Rulers in appointing a mentri besar or a prime minister is a discretion that is ‘structured and limited’ by the Constitution and parliamentary democracy.”
He further explained that there were a few factors by which the Ruler could delay the appointment, although the candidate had the confidence of the state assembly.
“The Ruler has the discretion to decide as to who is likely to command the confidence of the majority of the state assembly and the Constitution gives clear guidance.
“However, in some circumstances, if there is no clear majority or there is a suspicion that the majority will be lost, the Ruler can delay the appointment till he is satisfied. There is no constitutional time limit to that delay,” said Prof Shad.
He explained that should the Ruler know or suspect any unbecoming flaw of the candidate, he also had the discretion not to appoint that candidate, even if the name was proposed by the Prime Minister.
He also said the Ruler could consult anyone he likes before appointing the mentri besar.
Universiti Sains Malaysia’s political science expert Prof Dr Sivamurugan Pandian said Barisan Nasional might not have announced its “poster boys” because it feared rocking the unity government boat.
“This silence on possible mentri besar candidates from Barisan prior to the state elections might also be an attempt to avoid backlash from the different blocs in Barisan, namely Umno. However, anything can change after polling day,” said Prof Sivamurugan.
