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Monday, July 26, 2021

Only Parliament can revoke Emergency proclamation, ordinances, says lawyer


The decision to extend or revoke the Emergency can only be made by the Parliament as per Article 153 of the Constitution, says Puchong MP Gobind Singh. (Bernama pic)

PETALING JAYA: Only Parliament, and not the Cabinet, can decide to revoke the Emergency Proclamation by the Yang di-Pertuan Agong and other ordinances, a lawyer said.

Bastian Pius Vendargon said the executive led by Prime Minister Muhyiddin Yassin was collectively accountable and responsible to Parliament as stated under Article 43 (3) of the Federal Constitution.

“The revocation of the Proclamation and ordinances will clearly be against the very spirit and intent of the Constitution and the role of the legislature,” he told FMT.

Vendargon also questioned if the executive had abandoned the committee on the Emergency to advise the king.

Bastian Pius Vendargon.

“So, the Cabinet is in total defiance of the earlier decision to set up the committee under ex-chief justice Arifin Zakaria to decide on any revocation,” he said.

Vendargon was responding to law minister Takiyuddin Hassan’s unexpected announcement in the Dewan Rakyat today that the emergency proclamation and ordinances have been revoked as of July 21 because the government decided to cancel them under Article 153 of the Federal Constitution.

Takiyuddin said the government decided it will also not advise the Yang diPertuan Agong to extend the state of emergency, which ends on July 31.

However, Gobind Singh Deo (PH-Puchong) said that under Article 153, the decision to extend or revoke the emergency can only be made by Parliament.

“It is clear,” he told speaker Azhar Harun, who, however, replied that it was not true.

Vendargon also queried why the public was not informed that the emergency proclamation and ordinances had been revoked as of July 21 instead of having to only find out about it today.

He said all documents must be laid in Parliament to be debated and for a vote to be taken. - FMT

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