Wednesday, June 17, 2009

A grave distortion of the constitution

Malaysiakini reports that the decision by the five members of the Federal court who declared that the Elections Commission has the power to over-rule the Speaker is nonsensical.

In this case, the powers of the Speaker be it Dewan Rakyat or State Assembly will be overruled by EC on what cause ? What kind of analysis will the EC able to determine if the decisions they had made did not contravene with the one made by the Speaker ? Who is actually running the state legislative assembly or parliament now ? The EC or the Speaker ?

The EC current comes under the jurisdiction of the Prime Minister's Department and where the chairman of the EC reports directly to the Prime Minister Najib Razak. From the basic establishment it has already made known that a conflict of interest had in fact exist in this relationship.

In fact, the EC should be put answerable to the parliament instead of the Prime Minister's Department in order to affirm its neutrality stance in the eyes of the public.

And now the Federal court ruled that EC could interfere in the Speaker's decision. Is this part of the democratic process ? What if a state ruled by an opposition front and EC is not happy with it and decided to call for a fresh election if the federal government want to do so ?

BN-Umno is using the Federal court to rule on its favour in order to provide more powers to EC to act on its behalf. These actions are undemocratic and unconstitutional. It is reaching towards the dictatorship path.

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