MIPP president stresses temple demolition falls under state jurisdiction, not PM’s authority
PETALING JAYA: The Malaysian Indian People Party (MIPP) has asserted that the Prime Minister does not have the legal authority to direct local councils to demolish or “clear” any place of worship, including Hindu temples, stressing that such powers lie under state jurisdiction as provided by the Federal Constitution.
In a statement issued today, MIPP president P. Punithan said any directive by the Prime Minister to order the demolition of a temple would exceed his legal powers and contradict constitutional provisions.
He pointed to the Ninth Schedule of the Federal Constitution, which places local government matters under the purview of the state.
Local councils, he said, are established and regulated under the Local Government Act 1976 and are subject to the authority and policy direction of the respective state governments — not the federal executive.
“Legally, local councils must comply with state laws and directives, not political wishes from Putrajaya,” he said.
Punithan further explained that the authority to approve, regulate and, where necessary, demolish buildings is governed by specific legislation, including the Street, Drainage and Building Act 1974 and the Town and Country Planning Act 1976.
“These laws clearly outline the procedures that must be followed, including proper applications, issuance of notices, hearings and, if required, court action.
“They do not grant personal authority to the Prime Minister to order the demolition of temples or any other houses of worship,” he said.
He also cited Article 11 of the Federal Constitution, which guarantees every individual the right to profess and practise his or her religion.
Religious groups, he said, are entitled to manage their own religious affairs, institutions and property for religious purposes.
“A Hindu temple is not merely a physical structure.
It is a religious institution protected under the Constitution,” he said.
Punithan warned that demolishing or “clearing” a temple through executive instruction alone would undermine the constitutional right to worship and erode the autonomy of religious communities.
“Any restriction on religious rights must be carried out in accordance with valid laws, implemented fairly, and remain subject to judicial oversight — not through sudden political directives,” he said.
He added that no individual or office bearer is above the Federal Constitution, emphasising that all actions involving places of worship must strictly adhere to legal and constitutional frameworks.
On Monday, Prime Minister Datuk Seri Anwar Ibrahim said the government would no longer allow houses of worship that fail to comply with regulations, adding that local councils have been authorised to take action against unauthorised sites.
He said enforcement and legal authorities have been given permission to act so that areas not legally designated for temples can be cleared in order to resolve the issue properly.
Anwar clarified that all places of worship are permitted as long as they comply with regulations, acknowledging that the decision may spark controversy.
Selangor Ruler Sultan Sharafuddin Idris Shah has also expressed support for Anwar’s stance that houses of worship cannot be built without adhering to stipulated rules and regulations.
In a statement issued by the Selangor Royal Office, it said His Royal Highness has consistently emphasised that all development must be carried out in accordance with existing laws and proper governance.
This, he said, must also apply to the construction of houses of worship, including Hindu temples, to ensure they are orderly, legal and aligned with sustainable urban planning.
