PETALING JAYA: The King can only call for Parliament to reconvene on the advice of the Cabinet or a minister acting under the general authority of the Cabinet, says the Attorney General.
Tan Sri Idrus Harun said even then, the Prime Minister has to set a date at least 28 days before a new term begins at the Dewan Rakyat.
“The date can also be amended,” he said in a statement on Friday (June 25). responding to views held by several groups on Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah’s power to call for Parliament to reconvene.
Idrus said the King’s position does not change even when Emergency has been declared.
Idrus said Article 40(1) and (1A) of the Federal Constitution stipulates that the King must act on the advice of the Cabinet or a minister acting under the general authority of the Cabinet.
He also explained that while Article 55(1) of the Federal Constitution gives the King the power to call for Parliament to reconvene, it has no effect for as long as the Emergency is in force, as stipulated under Paragraph 14(1)(a) of the Emergency Ordinance.
Paragraph 14(1)(a) of the Emergency Ordinance states that for as long as the Emergency is in force, the provisions relating to the summoning, proroguing and dissolution of Parliament in the Federal Constitution shall have no effect.
Additionally, Paragraph 14(1)(b) of the Emergency Ordinance gives the King the power to summon Parliament on a date “as the King thinks appropriate”.
“In line with the King’s position as a constitutional monarch, his power to summon Parliament must be done in accordance with the advice of the Cabinet or a minister acting under the general authority of the Cabinet in accordance with Article 40(1) and (1A) of the Federal Constitution,” Idrus said.
On June 16, the King called for Parliament to reconvene as soon as possible after meeting with several political leaders over the course of a few days from June 9.
Parliament has been suspended since January after an Emergency was declared to fight Covid-19.