Emergency powers give king authority to convene Parliament, says Rais Yatim


Dewan Negara president Rais Yatim says under Section 14(1)(a) of the Emergency Ordinance, during an emergency the powers to reconvene, prorogue or dissolve Parliament no longer lies with the federal constitution, therefore the king can act without the advice of the prime minister. – The Malaysian Insight file pic, June 19, 2021.

POWERS conferred under the Emergency Ordinance 2021 allow for the Yang di-Pertuan Agong to reconvene, prorogue or dissolve Parliament, said Rais Yatim.

Citing Section 14(1)(a) of the ordinance, the senate president said during an emergency, the powers to reconvene, prorogue or dissolve Parliament no longer lies with the federal constitution.

This means that the king can act without the advice of the prime minister.

“Sub-section (1)(b) (of the Emergency Ordinance) gives the king the authority to reconvene, prorogue or dissolve Parliament.

“This power was devolved to His Majesty. The devolution of power is complete,” he said in a tweet today.

Earlier today, Umno president Zahid Hamidi also highlighted the same, saying that the provisions under the Emergency Ordinance supersede the federal constitution and the king can convene a sitting at any time.

A decree by the king on June 16 called for Parliament to be convened as soon as possible to debate the country’s Covid-19 response.

The Malay rulers called for the same in a separate statement and also said the emergency should not be extended beyond August 1.

The Prime Minister’s Office said it took note of the king’s view and would act in accordance with the federal constitution.

Minister in the Prime Minister’s Department Takiyuddin Hassan, however, said the king’s decree did not specify a date or period when Parliament should be reopened.

Lawyer New Sin Yew, meanwhile, tweeted a different view of the Emergency Ordinance.

He said the king cannot summon Parliament on his own accord despite what the ordinance said, as the monarch’s power to do so must still be read with constitutional provisions requiring him to act on the advice of the cabinet.

New noted that the ordinance states the king may summon, prorogue and dissolve Parliament as he “thinks appropriate”.

“The phrase “the (Yang di-Pertuan Agong) thinks appropriate” is commonly found in other written laws and have always been understood to mean that the (king) acts on advice,” he said. – June 19, 2021.


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