The loyalty of judges, he said, was to justice in accordance with the law.
Sultan Azlan Shah, who is a former Lord President, said judges had to be politically impartial and should not sympathise with any group or political thought, Bernama reported.
The Sultan’s refusal to dissolve the Perak state assembly at the request of the Pakatan Rakyat (PR) government resulted in a major political and constitutional impasse after he appointed a Barisan Nasional (BN) administration instead following defections.
The case is still being disputed and an appeal is now before the Federal Court over various constitutional questions including who is actually the rightful mentri besar.
The Sultan’s decision was criticised by a number of constitutional experts who maintain the constitution did not give rulers the power to dismiss a head of government because mentris besar or prime ministers did not serve at the pleasure of the ruler.
Speaking at a seminar on the federal constitution in Ipoh today, the Sultan said the most important test for a judge was remaining impartial, especially in terms of emotion and inclination.
The role of a free and fair judiciary, he said, had to be defended to ensure that the “check and balance” mechanism in the Federal Constitution was upheld.
“This check and balance mechanism is important to build the foundation of a law-abiding government and ensure that no party can hold absolute power.
“On the other hand, every power is subject to the boundaries of law to avoid a dictatorship. As such, the role of a professional and upright judiciary must always be defended,” he said.
In fulfilling their responsibilities, Sultan Azlan Shah said judges were exposed to public evaluation because there was in place a higher mechanism in the courts, with a panel of more judges, to review judgements.
He also spoke of the position of the Malay rulers as another form of “check and balance.”
“As the head of state, the ruler serves as the pillar of stability, source of justice, core of solidarity and umbrella of unity. Implicitly, the perpetuation of the institution of monarchy is the continued retention of the identity of a government buttressed by the Malays.
“The role, duties and responsibilities of the Yang di-Pertuan Agong as well as those of the Malay Rulers are based on the concept of the constitutional monarchy,” he was quoted as saying by Bernama.
He also pointed out that the Federal Constitution was created on the spirit of negotiation and understanding, and with the objective of uniting the public.
“The spirit of the Constitution and the spirit to respect the law and its institutions of enforcement should always be implanted in the culture of our people.
“If this basic principle is not followed, the country will head towards anarchy,” he said.
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