NOVEMBER 29 ― Parliament makes the law, expecting the people to comply with it. Parliament is, therefore, expected to follow and comply with its own rules.
As mentioned by the prime minister, before forming the Cabinet, he must rightfully consult his coalition’s partners, in order to decide the composition of his Cabinet.
With that said it is also important that the new government or the unity government must implore to follow and comply with the procedure in summoning the first meeting of the 15th Parliament, which must be in accordance with the Federal Constitution and the Standing Order.
As announced by Prime Minister Datuk Seri Anwar Ibrahim, the first day of the meeting of the Dewan Rakyat after the general election is expected to be on December 19.
Thus, Article 55(4) of the Federal Constitution, states that whenever “Parliament is dissolved a general election shall be held within 60 days from the date of the dissolution and Parliament shall be summoned to meet on a date not later than 120 days from that date.”
The procedure under the Standing Order of the Dewan Rakyat can be seen in SO 11 which is as follows:
1. The first sitting of the house in each session shall be held in such place of such day and at such hour as the Yang di-Pertuan Agong may be proclamation appoints
2. As subjected to (1) the Leader or the Deputy of the House shall determine at least 28 days before the commencement of each session, the dates on which the House shall meet in the session:
Provided that the Leader or Deputy Leader of the House may vary from time to time the dates are fixed.
As such, paragraphs (2) shows that Parliament can be summoned by the King, with less than 28 days’ notice.
When Parliament is summoned, the first agenda will be electing the Speaker, swearing in the newly elected Speaker, and members of Parliament (MP’s) and electing the Deputy Speakers, followed by the King's Speech to officiate the Parliament. That is the First Order of Business.
Now, since SO14 requires notice of 14 days for MPs to propose a name or names to be elected as the Speaker, it follows that the notice to summon the 15th Parliament must be no less than 14 days
Accordingly, the procedure as laid in the Standing Order is expected to be followed notwithstanding a saving clause in SO99A that states where “there has been a failure on the part of the House or any Committee thereof to comply with any provision of the Standing Order in the proceedings ... such failure shall be treated as an irregularity and shall not nullify the proceedings or the decision resulting therefrom.”
As at to-date, no proclamation to summon the 15th Parliament has been published in the Federal Gazette.
There is still time, but the countdown to December 19 has started since after the results of the general election.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.
