Malaysia
Bersih lauds proposal for Fixed Term Parliament Act to shield King from political antics
Bersih asserted that the proposal protects the King from being dragged into endless politicking, noting that Malaysia, unlike the UK, has a written constitution. — Bernama pic

KUALA LUMPUR, Feb 22 — Reform advocacy group Bersih today welcomed a proposal for a fixed parliamentary term, hailing it as a move to improve democratic practices in the country.

It said the the Fixed Term Parliament Act, proposed on February 15 by government backbencher Datuk Seri Dzulkefly Ahmad is as its name suggests, a plan to set a fixed government term formed after a general election to ensure stability for the next five years and to prevent a power change mid-term that could disrupt the implementation of Malaysia’s policies.

It noted that the proposal has sparked debate, with constitutional law lecturer Datuk Shamrahayu Aziz from the International Islamic University of Malaysia claiming that such a legislation infringes on the Yang di-Pertuan Agong’s discretionary powers.

"However, we do not agree that this motion denies the power of discretion of the YDPA,” the group said in a statement.

Instead, Bersih asserted that the proposal protects the King from being dragged into endless politicking, noting that Malaysia, unlike the UK, has a written constitution.

"So in line with Article 40(2) of the Federal Constitution, a Fixed-term Parliament Act can be enacted stipulating that the Dewan Rakyat will be dissolved after the completion of five years from the date the Member of Parliament takes the oath unless an application for early dissolution can be made on two strict conditions,” it said.

According to Bersih, the first condition is that the government of the day "loses the confidence of Parliament”.

The second condition is for at least 148 members in the 222-seat Dewan Rakyat to back the choice of prime minister and for it to be subsequently approved by the King under Article 40(2).

"This means that the Fixed-term Parliament Act does not even touch on the YDPA’s discretionary power, but in fact preserves the YDPA’s power to decide the prime minister,” it said.

"More importantly, the Fixed Term Parliament Act protects the YDPA from being drawn into political drama,” it said.

Bersih noted that the current Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had remarked when opening the 15th Parliament last week that he had no intention to meddle in government affairs or regulate politics in Malaysia.

"Therefore, in order to fulfil His Majesty's wishes, that the palace will no longer be arbitrarily dragged by politicians to interfere in affairs or to manipulate the political landscape of the country, the Fixed-term Parliament Act should be considered in order to strengthen the parliamentary democratic system and constitutional monarchy in this country,” Bersih said.

The group said the proposed law aims to prevent a repeat of past incidents of Parliament’s early dissolution to keep their hold on power.

According to Bersih, the proposed Act can be enacted without challenging the absolute discretion of the YDPA to approve or disapprove an application for early dissolution by the prime minister.

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