MP: Will Covid-19 disappear when Parliament is suspended?
Pasir Gudang MP Hassan Abdul Karim believes the proclamation of emergency did not comply with the requirements of the Federal Constitution and questioned the motives of Prime Minister Muhyiddin Yassin's government.
The PKR lawmaker also wanted to know whether a minority government can be allowed to seek emergency powers.
"Can Muhyiddin, who heads a minority government and does not have majority support in the Dewan Rakyat, advise the Yang di-Pertuan Agong...
Pasir Gudang MP Hassan Abdul Karim believes the proclamation of emergency did not comply with the requirements of the Federal Constitution and questioned the motives of Prime Minister Muhyiddin Yassin's government.
The PKR lawmaker also wanted to know whether a minority government can be allowed to seek emergency powers.
"Can Muhyiddin, who heads a minority government and does not have majority support in the Dewan Rakyat, advise the Yang di-Pertuan Agong to declare an emergency?" he said.
Citing Article 150(1) of the Federal Constitution, Hassan said an emergency can only be proclaimed if the Agong is satisfied that there is a grave emergency where the security, economic life or public order is threatened.
Muhyiddin had said that the government needed emergency powers to deal with the Covid-19 pandemic but Hassan disputed this.
"Does suspending Parliament and all state assemblies help defeat Covid-19?" he asked.
Hassan added that the concept of democracy - as well as checks and balances - is unknown to the virus.
"In reality, who is the one who fears Parliament and the state assemblies?" he said.
At present, Muhyiddin commands the support of 109 out of 220 MPs. Another two seats are vacant.
With an emergency, his lack of a majority no longer matters and he can govern by decree.
However, the king, in granting the emergency proclamation, also set an expiry date, which is in August.
Hassan maintained that there was no basis for a proclamation of emergency.
"As an MP elected by the people and a legal practitioner, my position is that the emergency proclamation is not legal.
"Ampun Tuanku, I am only stating my honest and sincere position. There is no intent to commit sedition or treason," he added.
However, the parliamentarian acknowledged that there was no way to challenge the legality of the emergency proclamation.
He said this is because Article 150(8) of the Federal Constitution provides that in matters relating to the satisfaction of the Agong, it is final, conclusive and cannot be challenged on any grounds.
As such, Hassan said during the emergency period, there was no way to challenge Muhyiddin's government.
Istana Negara yesterday confirmed it had granted Muhyiddin's request for an emergency proclamation after rejecting his initial request in October last year.
