KUALA LUMPUR, Jan 15 — Neither Parliament nor state legislatures can sit as long as the state of Emergency lasts, according to Emergency (Essential Powers) Ordinance 2021 gazetted yesterday.
The Ordinance, which took effect from the day of its proclamation on January 11, states that provisions relating to the summoning, proroguing and dissolution of Parliament in the Federal Constitution shall not have effect.
However, the Emergency Ordinance also states that Parliament shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate.
“Any meeting of the Parliament which has been summoned before the coming into operation of this Ordinance but has not been held is cancelled,” the Emergency Ordinance 2021 stated.
Similarly, future respective state legislative assembly sittings too will be cancelled while the country observes the state of Emergency.
“For so long as the emergency is in force — the provisions relating to the summoning, proroguing and dissolution of a state legislative assembly in the Eighth Schedule to the Federal Constitution, Constitution of any State and any State law shall not have effect.
“A state legislative assembly shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate after consultation with the respective Ruler or the Yang di-Pertua Negeri,” it said.
Both lawyers and lawmakers have questioned the rationale for the suspension of Parliament since the Emergency was proclaimed.
The questions were raised after the Dewan Rakyat Speaker Datuk Azhar Azizan Harun issued a statement yesterday saying that Parliament and state legislative assembly sessions are suspended during the Emergency, but before the gazettement was issued.
Prime Minister Tan Sri Muhyiddin Yassin announced a state of Emergency which he claimed was to curb the spread of the Covid-19 pandemic and the resulting economic downturn. This will last until August 1, or until Covid-19 comes under control.
Under the Emergency declaration, Parliament and state legislative assemblies will not be allowed to meet, until such a time as decided by the Yang di-Pertuan Agong.
The Dewan Rakyat was scheduled to meet for the first time this year from March 8 to April 8.
