“What makes Idrus think that the Yang Di-Pertuan Agong is not at liberty to meet each Member of Parliament from UMNO, in private, to ascertain his (or her) support for Muhyiddin?”
Raggie Jessy Rithaudeen
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On the 29th of June 2021, the Yang di-Pertuan Agong met both the Dewan Rakyat and the Dewan Negara Speakers and their deputies before decreeing that parliament should convene in the nearest time.
In doing so, the ruler ignored both Tan Sri Muhyiddin Yassin and the Attorney-General, Tan Sri Idrus Harun, and this may have had something to do with a statement made by Idrus regarding the powers of His Royal Highness.
On the 25th of June 2021, Idrus claimed that the Yang Di-Pertuan Agong could only act on the advice of the Prime Minister when calling for parliament to convene.
Idrus argued that various cases in the past had established that Article 40(1) and (1A) of the Federal Constitution limited the Agong’s use of discretion to very specific circumstances and the convening of Parliament was not one of them.
However, the Attorney General deliberately ignored the fact that the country is in a State of Emergency, that the Federal Constitution no longer provided an accurate assessment or description of the Yang Di-Pertuan Agong’s powers.
Instead, the Federal Constitution now has to be read together with the Emergency (Special Powers) Ordinance 2021, with prominence given to the latter unless otherwise specified.
It follows, Section 14 (1B) of the Emergency Ordinance provides that Parliament may be prorogued and dissolved at such a time as seen fit by the Yang Di-Pertuan Agong.
There isn’t a provision anywhere within the same Ordinance or even the Federal Constitution of Malaysia that needs to be read together which Section 14 (1B), to the effect that the Yang Di-Pertuan Agong may only call for parliament to sit when advised by the Prime Minister.
This holds true so long as the State of Emergency is in force, meaning, the Yang Di-Pertuan Agong may decide when parliament should sit and need not consult the Prime Minister or wait for the advice of the Prime Minister.
Idrus probably knows this.
Yet, he opined otherwise and ended up misinterpreting the powers of the Yang Di-Pertuan Agong, failing even to reprimand ministers who did the same.
As a result, the Yang Di-Pertuan Agong ignored both Idrus and Muhyiddin and summoned the Speakers of the Dewan Rakyat and Dewan Negara instead, before decreeing that parliament needed to convene in the nearest time.
Fast forward today, and Idrus has announced that Muhyiddin remains the prime minister until his parliamentary majority is tested in Parliament.
In a statement, the Attorney General claimed that the government has yet to have any clear facts that proved Muhyiddin had lost the majority support of MPs.
Citing the Federal Constitution of Malaysia, Idrus further claimed that whether or not an individual held the majority support of MPs must be determined by the MPs themselves, not through statements from political parties or leaders.
But what makes Idris think that the Yang Di-Pertuan Agong is not at liberty to meet each Member of Parliament from UMNO, in private, to ascertain his (or her) support for Muhyiddin?
Come to think of it, does Idrus actually think that the Malay Rulers appreciate both him and Muhyiddin after the duo stood silently as federal ministers had a gala time, misinterpreting the powers of the Yang Di-Pertuan Agong and challenging His Royal Highness?
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