Dewan Negara president Rais Yatim has raised the issue of Article 40 of the Federal Constitution, a day after the Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah rejected Prime Minister Muhyiddin Yassin's proposal to declare a state of emergency.
Taking to Twitter, Rais, who noted the king's advice for all parties to cease their politicking, questioned the attorney-general over a purported breach of Article 40 on the exercise of the ruler's functions.
"Why didn't the attorney-general raise the issue that the mandatory Article 40 had been set aside?
"Isn't this the thrust of a constitutional monarchy?" asked the former Negeri Sembilan Bersatu chief.
Article 40(1) of the Federal Constitution states that in the exercise of his function under this constitution, the Agong shall act in accordance with the advice of the cabinet, except as otherwise provided by this constitution, but shall be entitled, at his request, to any information.
It further states that the Yang di-Pertuan Agong is to act in accordance with the advice, on advice, or after considering advice, and the king shall accept and act in accordance with such advice.
Twitter user @RimauXI, in response to Rais, however, argued Article 40 provided for an exception to the Agong's need to act upon advice, and it must be read together with Article 150(1) on the proclamation of an emergency.
Among others, he highlighted that a proclamation of emergency could be made if the ruler is "satisfied" that there is a need to do so, and the question of the ruler's satisfaction cannot be questioned or challenged including in court, as provided for under Article 150(8).
Meanwhile, The Star also quoted constitutional expert Abdul Aziz Bari who cited the same article in arguing that the ruler's decision cannot be challenged.
Following a meeting of the Malay rulers, Sultan Abdullah yesterday decided not to accede to Muhyiddin's request, and also rebuked MPs who were politicking.
The Agong also asked the errant politicians not to proceed with any action that could potentially threaten the stability of the government.
"After considering the request and discussing with the Malay rulers as well as taking into account the situation in the country, Sultan Abdullah feels that the government has done well in handling the pandemic effectively.
"His Majesty believes in the government's capability under the prime minister to continue implementing policies and enforcing actions to curb the spread of Covid-19," said the ruler in a statement released through comptroller of the royal household, Ahmad Fadli Shamsuddin, yesterday. - Mkini
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