Reformist leader Anwar named prime minister of Malaysia
Kuala Lumpur (AP): Malaysia's king on Thursday named reformist opposition leader Anwar Ibrahim as the country's Prime Minister, ending days of uncertainty after divisive general elections produced a hung Parliament.
Sultan Abdullah Sultan Ahmad Shah said Anwar will be sworn in as the nation's 10th leader at the palace at 5 pm (0900 GMT) at the palace.
Anwar's Alliance of Hope led Saturday's election with 82 seats, short of the 112 needed for a majority.
An unexpected surge of ethnic Malay support propelled Former Prime Minister Muhyiddin Yassin's right-leaning National Alliance to win 72 seats, with its ally Pan-Malaysian Islamic Party emerging as the biggest single party with 49 seats.
The stalemate was resolved after the long-ruling bloc led by the United Malays National Organisation agreed to support a unity government under Anwar.
Such a tie-up was once unthinkable in Malaysian politics, long dominated by rivalry between the two parties. Other influential groups in Borneo island have said they will follow the king's decision.
"His Royal Highness reminds all parties that the winners do not win all and the losers do not lose everything," a palace statement read.
The monarch urged Anwar and his new government to be humble, and said all opposing parties should reconcile to ensure a stable government and end Malaysia's political turmoil, which has led to three prime ministers since 2018 polls.
The palace statement said the king was satisfied Anwar is the candidate who is likely to have majority support but didn't give details of the new government.
Police have tightened security nationwide as social media warned of racial troubles if Anwar's multiethnic bloc wins.
Anwar's rise to the top will ease fears over greater Islamisation. But he faces a tall task in bridging racial divides that deepened after Saturday's poll, as well as reviving an economy struggling with rising inflation and a currency that has fallen to its weakest point.
Malays form two-thirds of Malaysia's 33 million people, which include large ethnic Chinese and Indian minorities.
"He will have to make compromises with other actors in the government that means that the reform process will be a more inclusive one," said Bridget Welsh, a Southeast Asia political expert.
"Anwar is a globalist, which will assure international investors. He has been seen to be a bridge builder across communities, which will test his leadership moving forward but at the same juncture offers a reassuring hand for the challenges that Malaysia will face."
It marked a second victory for Anwar's reformist bloc. It won 2018 elections that led to the first regime change since Malaysia's independence from Britain in 1957. But the government collapsed after Muhyiddin defected and joined hands with UMNO to form a new government. Muhyiddin's government was beset by internal rivalries and he resigned after 17 months. UMNO leader Ismail Sabri Yaakob was then picked by the king as the prime minister.
Many rural Malays fear they may lose their privileges with greater pluralism under Anwar. Fed up with corruption and infighting in UMNO, many opted for Muhyiddin's bloc in Saturday's vote.
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SC bars Centre from granting retrospective environmental clearances
New Delhi, May 16 (PTI): The Supreme Court on Friday said the right to live in a pollution free atmosphere was a part of the fundamental right as it struck down Centre’s office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, "The Union Government, as much as individual citizens, has a constitutional obligation to protect the environment.”
The court said it "must come down very heavily" on the Centre's attempt to do "something which is completely prohibited under the law".
It added, "Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this court…."
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars “arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006".
The Centre, as a result, was restrained from issuing directions for grant of ex post facto clearances in any form or manner or for regularising the acts done in contravention of the EIA notification.
“Under Article 21 of the Constitution, the right to live in a pollution free environment is guaranteed. In fact, the 1986 Act has been enacted to give effect to this fundamental right… Therefore, even the Central Government has a duty to protect and improve the natural environment,” it said.
The court ruled these measures unlawfully permitted the regularisation of projects that had violated environmental laws.
“This court in several decisions has held that the right to live in a pollution free atmosphere is a part of the fundamental right guaranteed under Article 21 of the Constitution of India,” Justice Oka, writing for the bench, said.
Referring to a March 14, 2017 a notification of the Ministry of Environment, Forest and Climate Change, the bench said it was made applicable to projects or activities that have started the work on site, expanded production beyond the limit of EC, or changed the production mix without obtaining EC.
“There is already a concluded finding of this court that the concept of ex post facto or retrospective EC is completely alien to environmental jurisprudence and the EIA notification,” it added.
The violation of the condition of obtaining prior EC must be dealt with heavy hands, it said.
“In environmental matters, the courts must take a very strict view of the violations of the laws relating to the environment. It is the duty of the Constitutional courts to do so,” it said.
The bench illustrated the drastic consequences of large-scale environmental degradation on human lives in Delhi and several other cities.
“At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing,” it said.
The bench said the OM was violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment and it also infringes the right to health guaranteed under Article 21 of the Constitution.
Trashing the OM, the bench asked, “Can there be development at the cost of the environment? Conservation of environment and its improvement is an essential part of the concept of development.”
The top court further opined courts should come down heavily on such attempts.
"As stated earlier, the OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment,” it noted.
Apart from the violation of Article 21, such an action was stated to be in complete violation of Article 14 (right to equality) aside from being violative of the 1986 Act and the EIA notification.
The bench, however, said the ex post facto environmental clearances granted in certain cases both under the 2017 notification and the 2021 OM, at the present stage, wouldn't be disturbed.
