COMMENT | Humble request for king to not dissolve Parliament before 2023

COMMENT | Constitutional expert Professor Emeritus Shad Saleem Faruqi said this on Jan 7: "I am sure that the wise king will not, at this moment, accept the advice (for a dissolution), but that is my personal view in light of Covid-19 and the economy."

On March 2, it was reported that the prime minister would advise the Yang di-Pertuan Agong to dissolve Parliament as soon as the Covid-19 pandemic is over, which he hoped to be "very soon". 

Article 40(2)(b) of the Federal Constitution states: “The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say - (b) the withholding of consent to a request for the dissolution of Parliament.”

The above clearly means that the king on his own can decide not to dissolve Parliament. The king is not bound by the advice of the prime minister to dissolve Parliament.

The rakyat went to the polls in 2018. Under the Federal Constitution, there is a legitimate expectation by the rakyat that the next general election would be conducted only in 2023.

With the Covid-19 pandemic, it would not be suitable to have a general election prior to 2023 given the fact that vaccines are just being administered and it would take that much time to see the entire vaccination process through to control the number of Covid-19 cases.

If there is no real urgency to hold general elections, then it is humbly submitted there should not be one before 2023.

Article 55(3) of the Federal Constitution states: "Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.”

So, generally speaking, Parliament shall (must) continue for five years. However, there are the words "unless sooner dissolved".

This brings us to the question: when the prime minister says he will advise the king to dissolve Parliament, is he essentially stating he will advise the king to dissolve Parliament sooner than the five year period from 2013? It would appear so.

That brings us to the next question - can the prime minister advise for dissolution as and when he wishes to or feels like it?

Article 43(4) of the Federal Constitution states: "If the prime minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the prime minister shall tender the resignation of the cabinet."

Clearly, the prime minister can request for the dissolution of Parliament when he ceases to command the majority in the Dewan Rakyat. If the king, on his own wisdom withholds consent to dissolve under Article 40(2)(b), the prime minister is left with only one option, to resign.

This still does not answer the question - can the prime minister advise for dissolution as and when he wishes to or feels like it?

It would seem that there is nothing to stop the prime minister from doing so. I would think this is why the intent of the framers of the Federal Constitution gave the king the absolute discretion to withhold consent for dissolution under Article 40(2)(b) of the Federal Constitution.

Otherwise, such advice would have come under the purview of Article 40(1) of the Federal Constitution where the king shall (must) act in accordance with advice.

To conclude, considering the state of affairs around the world and taking a cue from the view of constitutional expert Shad as stated at the outset, it is hoped that the rakyat will not be put in a situation to go to the polls before 2023, and it is hoped that the king would withhold any consent for dissolution of Parliament sooner.

The law is in place. If the prime minister requests for dissolution because he has lost command of the majority, and the king refuses, the prime minister must resign.

If the prime minister requests for dissolution because of some other reason, the king may still refuse in accordance with his wisdom.

Of course, should the pandemic be over or under control coincidentally in 2023, then there would not be an issue.

PUTHAN PERUMAL is an advocate and solicitor. 

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.