A separate proclamation for first sitting of Parliament?


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.”

Standing Order 11(1) of the Dewan Rakyat rules 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.”

In this discussion, the keywords are “date appointed” and “such day… may by Proclamation appoint”.

Is the proclamation of the date appointed for Parliament’s first meeting referred to in Article 55(1), the same proclamation of date appointed for the first sitting referred to in Standing Order 11(1)?

Or, are there two different proclamations? One for its first meeting and another for its first sitting? 

P.U(A) 144/2020 is the proclamation to summon Parliament for its first meeting. This is in accordance with Article 55(1) of the federal constitution. 

However, I cannot seem to find a separate proclamation for the first sitting referred to in Standing Order 11(1) of the Dewan Rakyat rules. 

If anyone who is familiar with these parliamentary procedures, please guide me with these questions.

For, if in actual fact, there is no such separate proclamation for the first sitting, that could only be interpreted one way, which is the proclamation for the first meeting under Article 55(1) of the federal constitution (P.U(A) 144/2020) is the proclamation for the first sitting referred to Standing Order 11(1) of the Dewan Rakyat rules. 

The Yang di-Pertuan Agong has done his job in accordance with the federal constitution. He has summoned Parliament’s first meeting in accordance with the federal constitution. 

Which simply comes to this: that the first meeting on May 18 should, for all intents and purposes, include the first sitting of the Dewan Rakyat. That would be the proper interpretation of the proclamation under Article 55(1) of the federal constitution. 

So, the Dewan Rakyat has to do its job in accordance with that proclamation.

I stand guided. – May 16, 2020.

* Puthan Perumal is an advocate and solicitor.

* 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.


Sign up or sign in here to comment.


Comments


  • 9 May 2018 will be remembered as the day democracy flourished, and 18 May 2020, its demise.

    Posted 6 years ago by Sameon says... · Reply