Malaysian Maverick: Mahathir Mohamad in Turbulent Times by Barry Wain (fantasy novels to read .TXT) 📕

to settle this problem once and for all", after watching each of his predecessors "put up with the antics" of the rulers. Having to placate the Sultan of Pahang himself and payoff a ruler's gambling debts "strengthened his resolve to act quickly to put an end to it all".[30] The prospect that a rebellious king might frustrate Dr. Mahathir's legislative programme elevated a priority to "almost an obsession".[31]

Dr. Mahathir's pre-emptive strike, which was designed to do more than close constitutional loopholes before the installation of the next king, was titled the Constitution (Amendment) Act 1983. Introduced on 1 August, it contained three sensitive measures. The crucial one declared that if the king did not give royal assent to a bill passed by Parliament within 15 days, it would become law anyway. Similarly, state constitutions would be altered so that legislation passed by a state would become law after 15 days even if a ruler did not give his assent. Another amendment would transfer the right to declare a state of emergency from the king — acting on government advice, which implied consultation with the Cabinet — to the prime minister personally. The House of Representatives, by a 136-9 vote, adopted the package with minimal debate and delay. As he had obtained King Ahmad Shah's approval in advance, Dr. Mahathir hoped to wrap up the whole exercise before any serious opposition developed around the country.[32]

But the king had second thoughts when he saw the content of the bill, and consulted his fellow sultans. They were offended by being bypassed and objected to the substance as well. They persuaded him not to grant assent. The king made their collective displeasure known by withholding assent from a couple of other bills passed by Parliament as well. The very situation that the amendments were designed in part to prevent had become a reality, and the government faced a crisis.

Dr. Mahathir's secretive strategy, which led directly to the confrontation, contrasted sharply with his rhetoric about the importance of transparency during his first two years on the job. "I believe in open discussion and solving problems openly", he declared on one occasion. "Hiding things...does not take us very far."[33] Setting out to define strictly the powers of the rulers, however, Dr. Mahathir opted for a stealth seldom previously seen in national life.

The three contentious changes were buried among 22 constitutional amendments contained in the bill that was presented to Parliament. Contrary to an undertaking Dr. Mahathir had given to consult lawyers on all proposed laws, the bill was not made available beforehand to the Malaysian Bar Council.[34] The editors of local news organizations were summoned and instructed not to report the changes affecting the rulers. Government legislators played their part by also ignoring those amendments during two days of debate in the House, with the result that the public had almost no idea what was at stake. Lim Kit Siang, the leader of the opposition Democratic Action Party, called it a wayang kulit, a traditional shadow puppet play: "We see the shadows but not the substance...".[35]

Dr. Mahathir had several reasons for trying to sneak the changes through Parliament without publicity, and unknown to the sultans. The first reason was Article 38(4) of the Constitution, which stated flatly that "no law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the Conference of Rulers." Without their prior approval, the amendments more than likely were unconstitutional.

As leader of the exclusively-Malay UMNO, Dr. Mahathir also wanted to avoid alarming his core constituents. He could not afford to appear anti-monarchist, which might incense and alienate the rulers and be interpreted as less than totally pro-Malay. Even knowing his remarks would not be reported in the local papers, Dr. Mahathir was unwilling to admit that the powers of the rulers were being curbed. He argued implausibly that it was the executive which was surrendering some of its authority. In a constitutional monarchy, he said, formalities required everything to be done in the name of the king, who acted on the advice of the prime minister and Cabinet. With a 15-day limit for the king to sign bills, "the right of the Cabinet to advise the king is also gone after 15 days. It will mean it's the Cabinet that loses, not the king."[36]

For Lim Kit Siang, a trained lawyer representing a multiracial but predominantly Chinese party, the amendments were the most important since independence, with grave and far-reaching consequences. Eliminating the need for royal assent might be construed as a step towards a republican philosophy, he said. As for transferring the right to order a state of emergency to the prime minister, any such proclamation would be above the law, regardless of whether the premier acted in bad faith or wrongfully. Lim raised the dire possibility that those participating in the parliamentary debate might be guilty of sedition. "In excluding the need for the royal assent in certain circumstances, aren't we taking an action which would be tantamount to a derogation of the sovereignty of the rulers? Aren't we in fact challenging and questioning the sovereignty of the rulers...?"[37]

While Dr. Mahathir could hustle the bill through both houses of Parliament in three days, he could not persuade King Ahmad Shah to put his signature to it, so it was not published in the government gazette and did not become law. The king was in an invidious position: If he were tempted to accede to the advice of the government of the day, he could be removed from office by a majority vote of the Conference of Rulers. A dismissal resolution supported by five fellow rulers would demote him from king to sultan, and send him packing back to Pahang.

The government also felt the pressure as the 22 amendments that remained blocked included day-to-day matters, such as ending civil appeals to Britain's Privy Council, expanding the scope of deputy ministers and parliamentary secretaries, and increasing the number of parliamentary seats. Until the bill