While the Emergency Ordinance allows the King to call for a Parliament sitting, the constitution only allows him to do so on the advice of the prime minister.

Vendargon said that even though it had “never been tested before” and the country was still under emergency rule, it could be done as the King is the constitutional monarch who acts on the advice of the prime minister or the Cabinet, unless stated otherwise.

He said if one took Section 14 of the Emergency Ordinance literally, then the King could set the date for Parliament to sit without the advice of the prime minister.

“How about constitutional principles? We have never tested it to harmonise both on this matter.

“The King does not cease to have the same character in the Federal Constitution. He is the constitutional monarch. And both can be harmonised,” he told FMT.

Vendargon was commenting on Umno veteran Tengku Razaleigh Hamzah’s statement that the King has the power to determine a suitable date to reconvene Parliament without needing the prime minister.

Vendargon said Section 14 (1) of the Emergency Ordinance states for so long as the emergency is in force, the provisions relating to the summoning, proroguing and dissolution of Parliament in the Federal Constitution shall have no effect.

Secondly, Parliament shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate, he said.

“If we read it (Emergency Ordinance) literally, the Yang di-Pertuan Agong has the power.

“But we have the Federal Constitution that says the King acts on the advice of the prime minister or the Cabinet,” he added.

During an emergency, Vendargon said his view is that, even though it has never been tested before, it is best to harmonise both and “not cause conflict between the ordinance and the constitution”.