I would like to apologise for the amendment - Dr Mahathir

Tun Dr Mahathir Mohamad via his blog today apologised to the Yang Di-Pertuan Agong for the amendment to the constitution which made the King's approval and signature no longer necessary for the legalising of an Act of Parliament.

The former prime minister said, because of the amendment, the new National Security Council Act has become operational even though the Yang di-Pertuan Agong has not signed it.

However, he pointed out, the amendment is not for all laws in the country.

"Some laws passed by Parliament will still need the consent and signature of the Yang di-Pertuan Agong.

"In fact there are more than thirty proceedings listed out in the constitution that still needs the Agong’s approval frequently without the advise of the Prime Minister," he wrote.

Among these rights and power is that of declaring a state of emergency, he added.

Dr Mahathir said the state of emergency is reserved for the Yang di-Pertuan Agong because its implications are serious.

"It gives the Government the right to suspend laws. With this right, the Government can arrest and detain any person without trial," he said.

The National Security Council Act 2016, which took effect on August 1, empowers the Prime Minister to declare a security zone, where the security forces will take over.

The Act, passed by the lower and upper houses of Parliament late last year, was gazetted as law in June, but without the royal assent.

This was permissible as according to Article 66(4A) of the Federal Constitution which had gone through amendment made under Dr Mahathir's administration in 1994.

The article states that even if a Bill does not receive the King’s formal endorsement, it will automatically become law after 30 days as if the assent was given.

As such, royal assent was considered to have been given for the National Security Council Act on February 18, 2016.

In February, the Conference of Rulers asked for some provisions of the National Security Council Bill to be refined but it was not done.