[ad_1]
IPOH: The decree issued by Yang di-Pertuan Agong not to proclaim an emergency in the country cannot be challenged in court, says constitutional expert Dr. Abdul Aziz Bari (Photo).
He said that according to Article 150 of the Federal Constitution, declaring an emergency is a discretionary power of the Yang di-Pertuan Agong and that it is not bound by the advice of the prime minister.
“Therefore, there is no need for Cabinet members to continue to discuss in detail the decree issued by the King. If the King’s answer is no to the emergency, it clearly means ‘no’,” he said at a press conference in the secretary of state building here.
Aziz, who is also the opposition’s state whip, said this when asked if the government could challenge the matter in court.
He said that Article 150 speaks only of the power of the King to decide whether to call an emergency or not, and that nothing is mentioned of the power of a Prime Minister.
“The law has been maintained from the time of Independence until now, although there were attempts to make changes, but it was rejected,” he added.
Prime Minister Tan Sri Muhyiddin Yassin requested on Friday (October 23) the emergency proclamation under Article 150 (1) to combat the threat of the Covid-19 pandemic in the country.
However, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah decided that it was not necessary to proclaim an emergency in the country.
At the one-day session of the Perak state assembly on Tuesday (October 27), Aziz said that the Opposition would abide by the King’s advice that all politicians cease all forms of extreme politicking.
“As politicians, we will defend the rule of law and play our role of constructive opposition within constitutional rights.
“They are parties that thought we would boycott the session, but we are grateful to the people who elected us and we have respect for the august house,” he added.
Simpang Pulai Assemblyman Tan Kar Hing from PKR said that the one-day session was not enough and that the Perak state government should have lengthened the period to present the budget, as the state governments had done. from Selangor and Penang.
“It is necessary to analyze the situation of the people who suffer, although the budget at the national level has not yet been presented. The one-day session clearly shows that the state administration is not quick enough to take action for the benefit of the people, “he added.
[ad_2]
