ARTICLE 55(1) of the federal constitution states: “The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.”

It essentially means there cannot be a gap of more than 6 months between the last sitting of Parliament and the next.

Kindly note the difference between the words “last sitting” and “first meeting”.

The last sitting of Parliament which, apart from Dewan Rakyat and the Yang di-Pertuan Agong, also includes the Dewan Negara, was on December 19, 2019. Dewan Rakyat last sat on December 5, 2019.

When the Agong summons Parliament, it means that the YDPA is calling for the first meeting of Parliament. It would appear that it does not include sitting as yet, but meeting.

Under Article 60 of the federal constitution, the king addresses either Dewan Rakyat or Dewan Negara, or both jointly.

Article 60 states: “The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.”

This is the royal address.

After the royal address and upon the “keberangkatan” of the YDPA, then the Houses “sit”, presided respectively by its speaker.

Standing Order 11(1) of the Dewan Rakyat states: “The first sitting of the House in each session shall be held in such place on such day and at such hour as the Seri Paduka Baginda Yang di-Pertuan Agong may by Proclamation appoint.”

Therefore, the YDPA makes the proclamation when the first sitting of the Dewan Rakyat takes place.

However, the constitutional duty of the Agong is to summon Parliament, which from a literal reading of Article 55(1) seems to mean to call for its first meeting.

We know that the last sitting of Parliament was on December 19, 2019. Therefore, it is humbly submitted that the king has to call for Parliament’s first meeting on or before June 18 this year.

We are aware that the third session of the 24th Parliament 2020 is to have its first meeting on May 18. There is no first sitting, just the royal address. 

At first glance, it would seem that that is in compliance with Article 55(1) of the federal constitution. 

What we are unaware of at this stage is the date of the first sitting of the third Session of the 14th Parliament 2020 which would require a 28-day notice to be given by the leader of the Dewan Rakyat. That too, comes with a proviso and the date may be varied. This proviso is in Standing Order 11(2).

The above raises a serious question. 

Can there be a first meeting not followed immediately by the first sitting in the same session?  Can they be held separately on different dates?

Standing Order 11(1) states the king appoints the date of the first sitting by proclamation. But in my humble opinion, Standing Order 11(made pursuant to Article 62(1)) as a whole must be in harmony with, and subject to, Article 55(1). 

I would like to think that the federal constitution’s Article 55(1) is wide and generous enough to cover the first sitting as well, and not refer to the first meeting in isolation or as a standalone. 

This way, even if the first sitting is not on the same day as the first meeting, it must nevertheless be within the six months period stipulated in Article 55(1).

I humbly submit that any other interpretation would result in a possible abuse in that the first sitting may be continuously deferred for whatever reasons by invoking Standing Order 11(the proviso in 11(2)). This absurd result could not have been within the contemplation of the drafters of the federal constitution, nor the drafters of the Standing orders.

Again, if the above interpretation is not placed, it may result in a situation where there is no time limit to be had from the first meeting till the first sitting of the same session. The absurdity of the matter is glaring.

In conclusion, it is humbly submitted that in accordance with Article 55(1) of the federal constitution and in line with trite principles of statutory interpretation, the first sitting of the third session of the 14th Parliament 2020 must take place on or before June 18.

Flowing from the above, the leader of Dewan Rakyat is to give the required 28-day notice as per Standing Order 11(2) before May 21.

As for the question on whether the first meeting and the first sitting of a same session can be held on different dates, I shall seek the guidance of constitutional experts for answers. – May 14, 2020.

* Puthan Perumal is a lawyer.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.