Parliament: Agong must act in accordance with Cabinet's advice - AG

He said Article 40 (1) dan (1A) of the Federal Constitution clearly stated that the King is to act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by the Constitution.

"In relation to the power of the Cabinet in advising the Yang di-Pertuan Agong to call for Parliament to convene, the Standing Order 11(2) of the Dewan Rakyat and Standing Order 10(2) of the Senate provide that Leader or Deputy Leader of the House (Prime Minister or Deputy Prime Minister) shall determine at least 28 days before the commencement of each Session, the dates on which the House shall meet in the Session and that the Leader or Deputy Leader of the House may vary from time to time the dates so fixed," he said in a statement.

During the Special Meeting of Malay Rulers on June 16, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah expressed a view that the Parliament should be reconvened as soon as possible.

Idrus said the Yang di-Pertuan Agong's position as a Constitutional Monarch who is to act at all times on the advice of the Cabinet does not change even with the declaration of the Proclamation of Emergency.

Idrus said while Article 55 (1) of the Consitution states that the King has the power to summon Parliament to convene, the provision has been suspended throughout Emergency as provided under Section 14 (1)(a) of the Emergency Ordinance, while Section 14(1)(b) of the same ordinance provides for the King to summon Parliament on a date "as the Yang di-Pertuan Agong thinks appropriate".

"Therefore, in line with His Majesty's position as a Constitutional Monarch, the power of the Yang di-Pertuan Agong to summon Parliament to convene must be exercised in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, and His Majesty should follow and act according to the advice as enshrined in Article 40(1) and (1A) of the Federal Constitution," he added.