KUALA LUMPUR: The High Court in Kuala Lumpur has made a ruling that the authority of the Yang di-Pertuan Agong to announce the Emergency under Article 150 of the Federal Constitution cannot be challenged in court.
Article 150(1) of the Constitution empowers the Yang di-Pertuan Agong to issue a Proclamation of Emergency if the monarch “is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened”.
Judge Datuk Wan Ahmad Farid Wan Salleh, in a ruling on originating summons by lawyer Dr Syed Iskandar Syed Jaafar Al Mahdzar, stated that Article 150(8) is not in violation of the basic structure of the Federal Constitution and cannot be invalidated under Article 40(1), which stipulates that the Yang di-Pertuan Agong shall act on the advice of the Cabinet.
“On the contrary, any attempt by the court to intervene would breach the doctrine of separation of powers, which is part of the basic structure of the Federal Constitution.
“While the constitutional provision regarding the ouster clause may seem harsh and unjust, the solution lies in the legislature and not the courts,” he said.
The judge also rejected the government’s request to dismiss Syed Iskandar’s lawsuit over Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah’s decision to not act on the advice of the then Prime Minister, Tan Sri Muhyiddin Yassin, to declare a state of emergency.
In November 2020, Syed Iskandar filed an originating summons naming the Malaysian government and 10 others as the defendants, seeking the court to determine, among others, whether, based on Articles 40 and 150 of the Federal Constitution, the YDPA had full discretion not to declare an emergency even if the Prime Minister or Cabinet advises otherwise. – Bernama
