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Tuesday, September 7, 2021

Not for AG to dictate motions in Dewan Rakyat, says expert

 

MPs may introduce any motion, and it is left to the Speaker to allow it or not, says Shad Saleem Faruqi. (Bernama pic)

PETALING JAYA: A constitutional expert said it was not for the attorney-general to decide on motions that could be tabled in the Dewan Rakyat, after the latter weighed in on the debate over a confidence motion.

Constitutional law professor Shad Saleem Faruqi said it was within “Parliament’s power and privileges” to introduce a motion.

“MPs may of course introduce any motion, although it may not be allowed by the Speaker. And in the last few years, the Speakers have been quite strict about this.

“So this is not an issue for the attorney-general or for you or me, it is an issue for Parliament,” he said during a webinar titled “To Legitimate or Legislate: The Continuing Parliament Dilemma”.

Constitutional law professor Shad Saleem Faruqi.

On Saturday, Attorney-General Idrus Harun said there was no need for Prime Minister Ismail Sabri Yaakob to table a confidence vote in the Dewan Rakyat.

Idrus said if Ismail’s legitimacy still needed to be tested by any party apart from the Yang di-Pertuan Agong, it would mean the absolute power of the King could be overridden.

He explained that the Federal Constitution empowered the King to appoint the prime minister who he feels has commanded the majority, which he did via statutory declarations.

His comment, however, drew criticisms, with the opposition branding it as “treason” and called for his resignation. - FMT

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