KUALA LUMPUR – Law minister Datuk Seri Wan Junaidi Tuanku Jaafar today took to explain the respective jurisdictions of the Yang di-Pertuan Agong and prime minister on matters concerning the dissolution of Parliament, amid speculations over the election date.
Speaking at a press conference, the minister in the Prime Minister's Department said based on the federal constitution, the king does not necessarily have to heed the advice of the prime minister when deciding on a date.
He said the final decision will be the Agong’s sole prerogative.
“The federal constitution stipulates that the Agong can withhold the request. This means the king has the final say,” he said in Parliament today.
His statement is in reference to Article 40(2) of the constitution that says that while the Agong shall act in accordance with the advice of the cabinet, he may act in his own discretion in the performance of certain functions, including withholding consent to a request to dissolve Parliament.
When asked if Article 40(1) – which states that the Agong must act on the cabinet’s advice – means the prime minister cannot make unilateral decisions, Wan Junaidi said this has never been the case since the country’s formation.
“Since we achieved independence in 1957, the prime minister has never discussed (election dates) with the cabinet, except with a select few leaders.”
Despite this, he noted that Datuk Seri Ismail Sabri Yaakob had still addressed the issue in a cabinet meeting two weeks ago.
“Although no agreement says the prime minister can act on his own discretion, a date was not mentioned (in the meeting). But at least, the matter was discussed and the cabinet knows of the idea (of the nearing election).”
Speculation has been rife that Parliament will be dissolved in the immediate days following the tabling of the 2023 budget on Friday to pave the way for fresh elections, amid pressure from Umno top leaders on Ismail Sabri.
Rumours have also surfaced of the dissolution possibly taking place before the budget tabling, after DAP veteran Lim Kit Siang said in a statement that he had received a message claiming as such.
Wan Junaidi, however, put this notion to bed, clarifying that the tabling of the Supply Bill will take place as scheduled.
“I was informed by the prime minister two days ago that the budget is still on,” he said.
“Although many MPs have been asking me about this today, I have said that I don’t have any official information from the prime minister or any other ministers on whether the budget has been suspended or cancelled.
“I don't have that information. If you want to know, you should ask the prime minister or Finance Minister Datuk Seri Tengku Zafrul Tengku Abdul Aziz.” – The Vibes, October 4, 2022
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