PETALING JAYA: It is not legally wrong for anyone to request or propose an early general election to be held but the ultimate power on a premature dissolution resides with the Yang di-Pertuan Agong, who acts after giving the Prime Minister’s advice due consideration, though he is not bound by it, says a constitutional expert.
Prof Emeritus Datuk Dr Shad Saleem Faruqi said the King could say “no” to a premature dissolution of Parliament, as stated under Article 40(2)(b) of the Federal Constitution.
“Despite this, we cannot ignore the role of the Prime Minister as he has a central role in advising the King on the matter,” he said, adding that almost all general elections in the past 63 years were held prematurely.
Shad Faruqi was commenting on calls by Umno delegates at the party’s on-going 2021 general assembly for an early general election.
Article 40(2) states that the Yang di-Pertuan Agong may act at his discretion in the appointment of a prime minister, in withholding of consent to a request for the dissolution of Parliament, and for the requisition of a meeting of the Conference of Rulers for specific purposes.
On Thursday, Umno deputy president Datuk Seri Mohamad Hasan started the ball rolling in calling for the 15th General Election to be held soon, saying that now was better than later, adding that weaknesses among Umno’s political rivals should be taken advantage of.
Former Umno election director Tajuddin Abdul Rahman, however, was quoted as saying that proposing the dissolution of Parliament to the King was not as easy as one might think.