1. What can YDPA do if the Prime Minister advises His Majesty to issue a Proclamation of Emergency?
TBH, not much. The YDPA must accept and act in accordance with the Prime Minister’s advice under Article 40 of our Federal Constitution. That’s the role of a Constitutional Monarch
2. However, there are a few things to note. Firstly, The YDPA is entitled to any information concerning the grave emergency, if it exists, and any other information concerning the government which is available to the Cabinet.
3. This means that the Prime Minister must provide a full and frank disclosure to His Majesty on the reasons and motivations behind this supposed emergency.
4. The Prime Minister cannot, for example, say that the economic life of the country is threatened when the reality is he is not confident of passing the budget. Doing so would be a dereliction of his constitutional duties.
5. Not being able to pass the budget simply means that the majority of MPs have no confidence in the government or disagrees with the budget. Either a new PM is needed that is able to pass a budget or MPs have to arrive at a compromise to ensure that a budget is passed.
6. It is by no means a threat to economic life of the Federation. A threat to economic life could, for example, include situations where the banking system falls apart, or there is widespread economic sabotage by external forces.
7. Secondly, the YDPA is entitled to consult anyone before acting on advice. So the YDPA could consult the Malay Rulers to enable the YDPA to exercise YDPA’s role to counsel, encourage or warn His Majesty’s Government.
8. Thirdly, the YDPA has the right to counsel, encourage and warn His Majesty’s Government. His Majesty is at liberty to express his opinions on the Proclamation of Emergency and warn the Prime Minister against doing it. Such communications would be confidential between them.
9. To sum up, if the YDPA feels that the advice given to him is wrong, he could counsel or warn against such advice. If the Prime Minister yields, the YDPA is then justified. However, If the Prime Minister persists, the YDPA must give way.
10. So what can we ordinary citizens do now if the Prime Minister persists with a Proclamation of Emergency?
11. We must pressure our MPs into denouncing the Prime Minister’s decision. If there is a majority of MPs doing so, they should take it to the YDPA that the Prime Minister has lost the confidence of the majority of the Dewan Rakyat and is in no position to advise the YDPA.
12. Once the PM has lost the confidence of the majority, he must resign. He could then request for a dissolution of Parliament (which the YDPA can decline) or make way for another PM to be appointed. Preferably one that will not advise YDPA to issue a Proclaimation of Emergency.