
Arveent KathirtchelvanKuala Lumpur, Malaysia
Apr 10, 2018
This petition does not ask the KDYMMSPBYDPA to independently announce a public holiday as His Majesty does not have the power to do so according to the Federal Constitution. According to the Holidays Act 1951 Section 8, this power is with the Minister scheduled to hold it. Hence, the opinion of the KDYMMSPBYDPA has no legal basis to compel the Minister in question to undertake his duties, nor does the Minister have to listen to the KDYMMSPMYDPA in this instance.
However, as a symbolic Head of State, it is felt that should the KDYMMSPBYDPA express an opinion on the subject, entirely His Majesty's own with no legal ramification, through the collective voice of the signatories of the petition, the symbolism of it would give more gravitas to the cause to declare the 9th of May 2018 as a public holiday. This is the theoretical, greatest endgame this petition can lead to, and what it asks for.
This is not a campaign to widen the powers of the KDYMMSPBYDPA nor is it to undermine the powers of the Minister in charge. If any signatory has erroneously thought otherwise, this notion is false and does not have anything to do with the petition at hand. In the pursuit of gravitas, one should not lose respect of the supreme law that is the constitution and the power that it vests in certain bodies.
Nor is this a political campaign to moralise one side or the other where the very act of voting is bastardised by partisanship. Again, if anyone is of this belief, this is untrue. This petition simply serves as a catch-pool of public opinion coming together to support the basis of the petition, that the 9th of May 2018 should be made into a public holiday, and that in pursuit of this, the KDYMMSPBYDPA should express His Majesty's opinion in the affirmative.
Finally, nothing in this petition should be taken out of context to disparage any lawful body or person. It is to be accepted that it is the Election Commission’s responsibility to determine the best date for elections to be held. It is to be accepted that the power to declare public holidays lies in the hand on the Minister in charge. It is to be accepted that the KDYMMSPBYDPA is a constitutional monarch who has no jurisdiction in determining public holidays.
After accepting these fundamental statements, one can also say that everyone can have an opinion on whether or not the 9th of May 2018 should be declared a public holiday. Even the KDYMMSPBYDPA is a citizen of Malaysia, His Majesty should be able to express his agreement or disagreement to the petition’s requests. If His Majesty refuses to do so, this is also acceptable. If in the carrying-out of the responsibility in question is such that the opinion of the KDYMMSPBYDPA is deemed unnecessary, it is to be understood that this is completely allowable as there are no legal provisions to suppose otherwise.
If even the expression of an opinion of the KDYMMSPBYDPA can be construed to be against the Federal Constitution, which does not seem to be so from the author’s perspective, the demand for the KDYMMSPBYDPA to express His Majesty's opinion can end and the true request, that to make the 9th of May 2018 a public holiday should be focused on. The necessary changes have been made to the description of the petition to reflect these clarifications.
In conclusion, this is a petition that suggests a possible solution to this grievance of society. It does not rally or fight or protest. In this is the intent of this petition, where working together to achieve a common goal is prioritised and the jurisdiction of independent bodies are respected. If in the naivete of suggesting this solution we have erred in any way, we apologise and would make the necessary changes required as soon as possible.
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