The government has the power to end the state of emergency, former Federal Court judge Datuk Seri Gopal Sri Ram said.
Referring to Article 40 of the Federal Constitution, which stated that the Yang di-Pertuan "shall act in accordance with the advice of the cabinet", Sri Ram said the king could use his discretion only on three matters, which were the appointment of a prime minister, dissolution of the Parliament and organising meetings with the Council of Malay Rulers.
"These three matters of discretion are clearly enshrined in Article 40(2) of the Federal Constitution. On other matters, the Yang di-Pertuan Agong should act on the advice of the cabinet," he said.
In a statement issued by the palace on Thursday, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah expressed "great disappointment" with Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Takiyuddin Hassan's statement in the Dewan Rakyat on Monday.
Takiyuddin told the house that the cabinet had revoked the Emergency Ordinance on July 21, but the king revealed in the statement that he had yet to give his consent for such a revocation to take effect.
The Agong also expressed regret that his decree to Takiyuddin and Attorney-General Tan Sri Idrus Harun for the Emergency Ordinances to be presented and debated in the Dewan Rakyat was not carried out.
Sri Ram said the Agong also had to act in accordance with the cabinet's advice, which included rescheduling the Dewan Rakyat session.
"On the Agong's power to extend the Emergency, the constitutional principles will also apply here, which is the power will fall under the cabinet," he said.
On the question of the validity of the Emergency Ordinances enforced by the government since January, he explained that the matter did not arise even though there was no parliamentary process underway.
"The Constitution says that any proclamation must be tabled in Parliament only when it is in session, and if the sitting is adjourned, the Emergency can continue," he said.
International Islamic University Malaysia legal adviser Professor Dr Nik Ahmad Kamal Nik Mahmod believed that the issue could be resolved if Prime Minister Tan Sri Muhyiddin Yassin sought an audience with the Yang di-Pertuan Agong.
"What we have seen here is a case where both parties (the king and the government) are standing their ground. We had gone through something of this nature a few times and we can see how people reacted to this kind of scenario," he said.
Asked if Muhyiddin's position as the prime minister would remain despite the situation, Nik Ahmad Kamal responded in the affirmative. He said while a prime minister must resign if he had lost the confidence of the majority in the Dewan Rakyat, there was no sign that Muhyiddin had lost his majority.
"So far, I have yet to see any sign of another group that has the majority support in the Dewan Rakyat. As such, as far as the government is concerned, Muhyiddin as the prime minister and his cabinet is intact. There is no issue of them having lost the confidence of the Dewan Rakyat."
Geostrategist Associate Professor Dr Azmi Hassan said the next 48 hours would prove to be crucial for a few people, and predicted that heads would roll.
He observed that while Muhyiddin's post as prime minister was safe, Takiyuddin and Idrus Harun's positions could be at risk.
"This is because the whole issue could have been avoided in the first place if the right advice was given."
He also pointed out that the Perikatan Nasional government would remain intact, at least until the next full Parliament session in September.
Azmi said it was unlikely that Dewan Rakyat Speaker Datuk Azhar Azizan Harun would allow the motion by opposition leader Datuk Seri Anwar Ibrahim to move a motion that the House had lost confidence in Muhyiddin's leadership. He added that, however, Umno would likely target Muhyiddin, in a strategy to make him the scapegoat.
Lawyer New Sin Yee said the king's statement on Thursday was important as it was within the Yang di-Pertuan Agong's right and authority to provide advice and warning to the government.
New said Parliament should also debate and vote on the declaration of emergency, the resolution, the misleading statement by Takiyuddin as well as the statement by the Agong aside from whether the prime minister still has the confidence of the majoity in the Dewan Rakyat. Additional reporting by Arfa Yunus and Illah Hafiz Aziz