Okay to question Agong's speech, says expert

Constitutional expert Abdul Aziz Bari said there is nothing wrong in Malaysians criticising the Yang di-Pertuan Agong's speech and to question the election results as both actions are their rights guaranteed by the federal constitution.

“We must always remember that in this country, it is the constitution that reigns supreme and everybody, including the Agong, is subject to it.

“No one, and this includes the Agong, has the power to deny the rights guaranteed under the country's laws and constitution.

“These include the right to question the election results, so long as this is done in accordance with the constitution,” he toldMalaysiakini.

Abdul Aziz (left) was responding to Urban Well-being, Housing and Local Government Minister Abdul Rahman Dahlan's statement yesterday slamming PKR de facto leader Anwar Ibrahim for suggesting that the federal government had used the Agong's speech to get the people to accept last month's general election results.

While conceding that the government indeed had a hand in preparing the Agong's speech, Rahman said the Agong could still change its content if he disagreed with it.

He used the relationship between himself as a minister and his press secretary who prepares his speech to illustrate the relationship between the Agong and the federal government.

Although Abdul Aziz conceded that a constitutional monarch might change the text prepared by the government if it does not involve major policies that may put him in an embarrassing situation, the former Universiti Islam Antarabangsa law professor pointed out that Abdul Rahman's (right) analogy was wrong.

“The relationship between a minister and his secretary is different from the one between the Agong and the government.

“The Umno-BN government has had the record of distorting the notion of the Agong as the symbol of authority even to the point of condemning those MPs who criticised the King's speech during the official opening of parliament.

“As in any Westminster system. such a speech is essentially the government's speech and policy even though it is read out by the monarch. As such the criticism is neither disrespectful nor seditious.”

'Proper' for Anwar for question speech

Hence, he further stressed that it was only right and proper for Anwar (left) to question the Agong's speech.

Abdul Aziz reminded that BN has stated that it too would put up election petitions, a move that alluded the ruling coalition's refusal to recognise some of the election results.

He was of the view that Umno-BN should not use the Agong's birthday as an opportunity to put a political message across.

“I think the office of the Yang di-Pertuan Agong as well as the Conference of Rulers need to distance themselves from the political stance taken by the government.

“Constitutional monarchy does not necessarily mean the King must follow everything the government has to say; the benchmark is the constitution and the values it contains.

“The speech prepared by the government for the Agong on this particular occasion does not fit within these ideals,” he commented.

The rallies organised by Pakatan Rakyat to protest against the election results, Abdul Aziz said, encapsulate the right to freedom of speech and peaceful assembly allowed by the constitution and the police is under a duty to facilitate it in accordance with the Peaceful Assembly Act 2012. 

“This piece of legislation must be read and implemented in such a way that it facilitates, and not the reverse, the rights provided for by the constitution.”

After resigning as a law professor, Abdul Aziz contested in the 13th general election, under a PKR ticket, in Sabak Bernamparliamentary constituency but was defeated by an Umno candidate.