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 Tan Sri Idrus Harun.
The Attorney General 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 in response 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 an Emergency is declared.
Idrus said Article 40(1) and (1A) of the Federal Constitution stipulates 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 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 the Federal Constitution,” he 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 Emergency was declared to fight Covid-19.
Meanwhile, Bernama reported that a hybrid sitting of Parliament can be expected at the end of August or in the first week of September.
Senate president Tan Sri Dr Rais Yatim and Dewan Rakyat Speaker Datuk Azhar Azizan Harun, in a joint statement, noted proper preparations including legislative, administrative, technical and procurement of supply need to be done first to ensure smooth running of the hybrid sitting.
If all the legislative aspects could be resolved by end of July and approved by the relevant committees, they said, a special Parliament session will be convened in early August prior to the sitting.
“The special Parliament session is important to ensure that all Members of Parliament will be involved in detailing the resolutions to be adopted relating to the proposal to hold the hybrid sitting of Parliament, which include several amendments to the Standing Orders, definitions of virtual sitting, standardising of MPs’ responsibilities and other technical matters.
“If the proposal is accepted by both Houses (Senate and Dewan Rakyat), only a short time will be needed for the Parliament to complete the procurement of supply, integrate the hybrid sitting system with the existing ones, conduct a trial run, accredit and provide the necessary training for the staff involved and also the MPs,” they said.