After the King’s recent call for Parliament to be reopened “as soon as possible”, Idrus Harun said this evening that it is the prime minister who must set the date, 28 days prior to the sitting.

He also said that none of the emergency ordinances exclude the principal provisions of the constitutional monarchy enshrined in the Federal Constitution.

Article 40(1) and (1A) of the Federal Constitution, he said, stipulated that the Yang di-Pertuan Agong must act on the advice of the Cabinet “unless otherwise stated”.

“The position of the Agong does not change even after an Emergency is declared.”

Idrus went on to say while Article 55(1) of the Federal Constitution empowered the King to call for Parliament to reconvene, the emergency ordinances overruled this throughout the Emergency.

The emergency ordinances, he explained, gave the King power to call for Parliament to convene on a date the King “felt was suitable”.

“Therefore, the King must act on the advice of the Cabinet as stipulated in the Federal Constitution.”

Earlier this month, the Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah said he wanted Parliament to reconvene as soon as possible to discuss issues involving Covid-19.

Parliament had been suspended after the King declared an Emergency in January to contain the pandemic.

Last night, Shad Saleem Faruqi, one of the nation’s leading constitutional law experts said the King acts on the advice of the prime minister, so long as the office bearer has the support and confidence of the Dewan Rakyat.