COMMENT | Flagrant violation of Federal Constitution to prohibit debates

COMMENT | A heated controversy is currently raging whether the Perikatan Nasional government is acting constitutionally in its current agenda to prohibit debates on the proclamation of emergency and its subsequent ordinances in the coming parliamentary session starting from July 26.

I contend that it is unconstitutional to do so.

This is because Parliament is the ultimate authority to make laws, and any law hurriedly made during an emergency when Parliament is not sitting must be presented to Parliament for its endorsement or rejection at the first available opportunity when Parliament sits.

This principle is enunciated in Articles 150(2B) and 150(3) of the Federal Constitution.

I quote these clauses of Article 150 (Proclamation of Emergency) as follows:

Article 150(2B): “If at any time while a Proclamation of Emergency is in operation, except when both Houses are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate...