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KUALA LUMPUR – The King of Malaysia’s call for federal lawmakers to pass the next budget has caused a stir, with some questioning whether it has exceeded its constitutional limit.
Sultan Abdullah Ahmad Shah called on MPs on Wednesday (October 28) to “give full support” to the 2021 budget that will be presented in Parliament next week (November 6).
In a statement issued by the national palace, he also called on lawmakers to stop undermining government stability as the country battles an explosion in the number of new coronavirus cases.
“Sultan Abdullah advises parliamentarians to provide full support for Budget 2021 for the well-being of the people and the continuity of their lives, as well as to recover the economy of the nation that has been affected by the Covid-19 pandemic” the statement said.
The king had previously met with Prime Minister Muhyiddin Yassin, who discussed with him the content of the budget for next year.
Constitutional lawyer Gerard Lordesamy wrote that it is not the sovereign’s constitutional role to advise parliamentarians on the matter, as the prime minister is accountable to Parliament.
“That is the core of our parliamentary democracy. A health pandemic is not a valid reason to weaken the basic structure of the Constitution,” he wrote on the Malaysiakini news site on Wednesday.
“It is equally irresponsible for a prime minister who is plagued with political problems within his own ranks and also externally to hide behind the Crown to save himself by resorting to constitutional monsters and somersaults,” Lordesamy added.
But others say that the King has not exceeded his constitutional role as the context of his intervention must be taken into account.
Sultan Abdullah had on Sunday (October 25) rejected Tan Sri Muhyiddin’s request that the king invoke a national emergency. If passed, it would have been the first national emergency since May 1969, following the deadly race riots of 51 years ago.
An emergency decree would allow Prime Minister Muhyiddin to boost annual spending without a parliamentary vote.
By parliamentary convention, not passing a supply bill to fund the government is akin to a vote of no confidence. In this case, the event would result in the collapse of the Muhyiddin administration.
The opposition had vehemently opposed the emergency proposal as a ploy by the prime minister to prevent its slim majority in parliament from being tested.
Barisan Nasional General Secretary Annuar Musa said Thursday that the ruler’s message was only “advice.”
“Advice is advice and we hope it will be followed, but it is not illegal … to take a different position as it is your right,” Tan Sri Musa told reporters. “But we hope that Her Majesty’s call will be seriously considered.”
Sunway University political scientist Wong Chin Huat said that while the “royal council” would likely help Muhyiddin avoid outright defeats at the second and third reading of the budget, the King’s intervention is unusual.
This is because one of Parliament’s key functions is to review and approve the budget, he said.
“Opposition parliamentarians and government deputies can table motions to make changes to specific measures (in the budget). If the government arrogantly ignores the opposition, the government can be defeated on such motions at the committee stage.” Dr. Wong told The Straits Times.
“This will raise doubts, although it will not confirm it at all, if the prime minister still has the majority of the majority members. The prime minister’s only honorable response would be to present a motion of confidence to dispel any doubts,” he added.
In giving his opinion on the King’s intervention, constitutional lawyer Nizam Bashir said context matters.
“We must not lose sight of the context in which the royal decree was drawn up: the country is dealing with the Covid-19 pandemic. Therefore, parliamentarians were reminded that the national interest must take precedence over the interest Personal. Of course, that’s just the social context, “Mr. Nizam told ST.
“Is the royal decree, in any case, approved from a legal point of view? In my opinion, it does, since the royal decree was drafted as a ‘royal council’ and it may be useful … to remind ourselves … (on) that the monarch has ‘the right to be consulted, the right to advise and the right to warn.’ The royal decree fits directly into that description, “he said.
Universiti Malaya political analyst Awang Azman Awang Pawi said Sultan Abdullah’s advice does not amount to interference.
“This can be seen as His Majesty exercising the role of constitutional monarch, which is the role of advising. It does not mean to interfere.
“At the end of the day, MPs have the right and freedom to express their views in Parliament, individually or as a group. Whether they are for or against the budget, that does not mean that they are disloyal to the King,” he said.
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