The Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah officiates the opening of the first meeting of the third session of the 14th Parliament in Kuala Lumpur May 18, 2020. — Bernama pic
Article 150 states: “If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.” He noted that the words “satisfied” and “may” in Article 150 are “suggestive of there being a discretion on the part of the Agong when it comes to issuing a Proclamation of Emergency”.
Nizam however said there are “alternative schools of thought as to the exact scope and ambit of Article 150”, including alternative views of the Agong being bound by advice to declare an emergency and also other views that the courts may review a decision to declare an emergency.
Lawyer Lim Wei Jiet speaks at the ‘Malaysia and Rome Statute’ forum at Universiti Malaya in Kuala Lumpur April 27, 2019. — Picture by Yusof Mat IsaLawyer Lim Wei Jiet noted that there are differing views equally across the political divide on whether the Agong is bound by advice when it comes to deciding whether to declare an emergency.
“However, if anyone feels that the prime minister's advice is actuated by bad faith, then the courts can review that declaration of emergency,” Lim said.set out differing legal views on the issue, before concluding that a government with a majority in Parliament has the right to give binding advice to the King in relation to the emergency powers under Article 150.
As for exceptions to the Agong being bound by the Cabinet’s advice, Lim said Article 40 provides three clear instances where the Agong has discretion, including the appointment of a prime minister, the withholding of consent to a request for Parliament’s dissolution, and the calling of a meeting of the Conference of Rulers for matters relating to the rulers’ privileges, position, honours and dignities.
“Thus, the question of whether advice can be rejected is to my mind still academic at the moment.
The malay rajas are not stupid. They know what can happen to them if they gave such powers to desperate despots like King of Bribery MuhyiddinYassin and all his Pas-Umno-MN-PN-Malay NGOs malay racist running dogs who have been sacking everyone around them since March 2020.