Even the Agong is prevented from holding an office of profit: The illegality (and impropriety) of denying that MPs cannot be GLC directors, and that parliament must be dissolved

by Ganesh Sahathevan



  Malaysia's King Abdullah Of Pahang cannot avoid  the matter 
of the legitimacy of his Government.


The publication on this site of the story Malaysia's new constitutional crisis -MPs appointed to the boards of GLCs are disqualified from being MPs; dissolution of Parliament now unavoidable

has attracted commentary from various persons  who have attempted to explain why MPs are not prevented from being directors of GLCs, in breach of the Article 48 of the Constitution of Malaysia which prohibits MPs from holding offices of profit.

Absent from the commentary is the fact that Article 34 of the Federal Constitution prevents even King Abdullah from holding an office of profit.

While it is true that the prohibition ( or "disability") is worded in broader more general terms readers are reminded that the definition of "office of profit" in Article 160 is not exclusive. 

Quite apart from the black letter law arguments stated above there are issues of propriety: Are MPs, including the Prime Minister to be held to a lower standard vis-a-vis the Agong, King Abdullah?

In that regard readers are reminded that the basic concept of separation of powers underlies the prohibition. As reported previously:

MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.


TO BE READ WITH 
Indian cases show why Malaysia faces a Constitutional crisis that can only be resolved by King Abdullah dissolving Parliament: Cases show MPs appointed to GLC boards clearly disqualified from being MPs