Bastian Pius Vendargon said parliamentary democracy hinges on the people’s will being represented in legislative bodies.

“Voters should have a say in who represents them in a state legislative assembly,” he told FMT.

Vendargon was commenting after DAP deputy chairman Nga Kor Ming claimed that the Johor government’s move to introduce appointed assemblymen went against the Federal Constitution.

Nga said it also does not reflect the practices of a mature democracy or political culture as it allows politicians to become assemblymen via a “backdoor”.

“These appointed assemblymen aren’t elected by the people. They don’t have a constituency that they serve, but receive the salaries of assemblymen and have the power to raise issues and vote on bills in the state assembly,” said Nga, a federal minister.

Despite protests from Pakatan Harapan, the Johor state assembly passed the constitutional amendment bill on May 7, allowing for the appointment of five unelected assemblymen and increasing the total number of state representatives to 61.

Johor is the fourth state to have appointed assemblymen, after Sabah, Terengganu and Pahang.

Vendargon said a Johor voter may have sufficient legal standing to commence legal action to challenge the state law.

“It may be good to obtain the judicial view from our courts on the constitutionality of such actions and state’s constitutional amendments, in light of the fundamental legal principle that democracy is a fundamental feature of our constitution, and that the people’s voting rights are a central feature to ensure rule by those elected by the people,” he said.

Vendargon said that although such a practice exists in some states or territories, its constitutional validity has not been fully challenged.

“While a decision on constitutionality will set a precedent, a declaration may be specific to the Johor issue,” he added.

Lawyer Fahri Azzat said the amendment has serious governance and financial implications.

Fahri said any legal challenge would not affect the position in other states as each state has its own constitution.

He said an explanation needs to be given as to who qualifies to be appointed to the legislative assembly, who the appointees would be, and why the current setup is insufficient.

Menteri besar Onn Hafiz Ghazi, who tabled the bill, said the appointed assemblymen would not be elected, but selected to complement the existing composition of the state assembly.

“It appears the amendment also allows for greater executive control of state legislature which is against the Federal Constitution,” Fahri said.