Failure to do so will give the impression that they intend to give the PH federal government as much difficulty as possible, says Gopal Sri Ram.
Gopal Sri Ram says the first to step down should be the Dewan Negara president. (Facebook pic)
PETALING JAYA: All senators appointed by the king to the Dewan Negara should resign to allow the newly-installed federal Pakatan Harapan (PH) government to carry out the mandate of the people after the bitterly-contested national polls, a retired judge said.
Gopal Sri Ram said senators elected by legislative assemblies, now under PH state governments, should also vacate their positions.
“In law, their terms are not affected but as a matter of conscience, they should resign,” he told FMT.
Otherwise, he said the ordinary man was entitled to think that their purpose of staying on was to give the elected federal government as much difficulty as possible in the legislative process.
“They can attack the PH government and refuse to pass bills,” he added.
Sri Ram said the first to step down should be the Dewan Negara president as this was to make way for the PH federal government to appoint a candidate of its choice.
The term of office of senators is for three years and is not to be affected by any dissolution of the Dewan Rakyat.
Under Article 45, the Dewan Negara consists of 44 members appointed by the king on the advice of the prime minister.
These senators should be persons who “have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines”.
Another 26 represent the 13 states in the federation, who are elected by their state assemblies.
PH won power in Johor, Melaka, Negeri Sembilan, Selangor, Perak , Penang and Kedah while Parti Warisan and its PH allies have secured Sabah.
Pahang, Perlis and Sarawak are under Barisan Nasional while Kelantan and Terengganu are under PAS.
Meanwhile, former Malaysian Bar president Ragunath Kesavan said it was convention for political appointees to step down from their positions once a new government was installed after a general election.
“It is for the new administration to decide who their appointees should be,” he said.
He said in 2008, former de facto law minister Zaid Ibrahim resigned from the Senate when he left Abdullah Ahmad Badawi’s administration.
He said all should also emulate the example of former Johor Baru MP Shahrir Abdul Samad, who resigned as Felda chairman after the election.
“So I hope those in government-linked companies, statutory bodies and commissions would also follow the example of Shahrir,” he said.
Law expert: Appointment of senators no longer conforms with Constitution
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