KUALA LUMPUR: Parliament should resume its session to pass the budget and enact laws to resolve the economic crisis, a constitutional expert said.
Emeritus Professor Datuk Dr Shad Saleem Faruqi said an emergency should take place only if Parliament failed to obtain a majority in passing a crucial bill, for example.
Shad was commenting on speculation about the status of Parliament, following Prime Minister Tan Sri Muhyiddin Yassin's audience with Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah on Friday.
The palace said Muhyiddin had presented recommendations to the king during the two-hour meeting.
"Parliament should be re-summoned to pass the budget and enact laws to combat our economic crisis.
"If Parliament fails to act or is deadlocked, only then an emergency should be proclaimed. And then the emergency Ordinances should fill the breach," he told the New Sunday Times.
Asked if the king should intervene to resolve the political intrigue, Shad said the constitutional monarch was above politics and expected to remain neutral in factional disputes.
"(The) declaration of an emergency is not a prerogative of the monarch.
"However, it is reasonable for His Majesty to ask a prime minister who is facing a no-confidence (vote) to sort out the issue of confidence first before advising a proclamation of emergency.
"He is a constitutional monarch who acts on advice on all matters, save those under Article 40(2) of the Federal Constitution."
The article stipulates that the king may act in his discretion in the appointment of a prime minister; the withholding of consent to a request for the dissolution; and the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of their royal highnesses; and any action at such a meeting and in any other case mentioned in this Constitution.
Shad said there were a lot of issues to be addressed should an emergency be declared.
"Should Parliament be sent into prorogation from August to February or should it be suspended?
"Suspended here means it's not operational any more, but that can be done only during an emergency, or should it be dissolved should there be an emergency?"
Lawyer Haniff Khatri Abdulla said a "health emergency" was unnecessary as the processes and procedures to contain Covid-19 were present.
He said the king had the discretionary powers to reject the prime minister's advice, especially in this scenario.
Experts said the king was meticulous in efforts to reach a decision as seen in the move to hold a discussion with the Malay rulers.
Universiti Teknologi Malaysia's constitutional expert Dr Muhammad Fathi Yusof told Bernama any decision that would affect the nation should be made with great wisdom and consideration.
"The ruler is not required to hold consultations although the Constitution mentions that the king can seek views from the Malay rulers.
"It is an important matter to look into and the Malay rulers occasionally consult one another before making any decision. So the step taken by the king is appropriate."