Emergency: Apex court should settle it once and for all - lawyer group
The constitutional debates surrounding the roles of the Yang di-Pertuan Agong and the prime minister regarding the emergency should be referred to the Federal Court to settle the matter once and for all, said the Muslim Lawyers Association.
Its president Zainul Rijal Abu Bakar, in a statement today, said this matter has caused a lot of confusion among the public because of the various differing opinions being presented.
“The rakyat now want to know a more thorough position on these issues of constitutionality. But the fact is they are still influenced by the thinking based on specific political parties.
“To avoid more serious confusion, I call for the Yang di-Pertuan Agong to refer the raised questions to the Federal Court based on Article 130 of the Federal Constitution,” Zainul said.
Article 130 refers to the advisory jurisdiction of the Federal Court and states that the Agong may “refer to the Federal Court for its opinion on any question as to the effect of any provision of this Constitution” and the apex court shall “pronounce in open court its opinion on any question so referred to it”.
With this, Zainul said the Federal Court could pronounce its opinion on a matter it was referred to and this would bind all parties in the country.
“This way, all differences in opinions can be wiped out and a thorough answer can be obtained from the Federal Court.
“Even though there have never been reports of a matter referred via Article 130, this does not stop the Agong from making such a reference because Article 130 is still in effect,” he said.
Zainul said there are currently six most frequently asked questions about the constitutionality of the emergency.
The six questions are as follows:
1. Is the prime minister’s advice to proclaim a state of emergency valid because it is claimed he did not receive majority support in the Dewan Rakyat at the time?
2. Does the proclamation of the emergency require parliamentary approval?
3. Was the Agong mistaken in accepting the prime minister’s advice to announce an emergency without parliamentary approval?
4. Is it mandatory for the Agong to receive the prime minister’s advice, as stated under Article 40, to end the emergency?
5. Does the cabinet have executive power during the emergency, and can Parliament convene at this time?
6. Does the Emergency Ordinance contradict the Federal Constitution? - Mkini
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