‘ Power to pass bills should remain with MPs’
> No plans to revert to seeking King’s consent, says Mahathir
KUALA LUMPUR: The government has no plans to revert to the pre-1994 practice that required the Yang di-Pertuan Agong’s consent for the passing of laws.
Prime Minister Tun Dr Mahathir Mohamad said Malaysia practises democracy where the voice of the rakyat – who elected the MPs – must be upheld, and under parliamentary democracy, the power to pass and amend laws should be solely the right of the MPs.
“I amended the law in the interest of the nation. If the (Yang di-Pertuan) Agong is given absolute power to reject a law (bill), then the rakyat will no longer have this power. In that case, we will no longer be a democracy, but we’ll be an absolute monarchy.
“I’m not convinced that other lawmakers want this system. We all agreed before that the power over the country’s policies lies with the rakyat, and they should be the one deciding.
“That is why the amendment was made (in 1994 to gazette a bill after 30 days even without royal assent) so that the rakyat’s decision will not be dismissed by the King,” he said yesterday.
Mahathir was responding to a question by Datuk Seri Ismail Mohamed Said (BN-Kuala Krau) on whether the government intends to review and amend Article 66(4a) of the Federal Constitution which states that if a bill is not approved by the King within 30 days, it shall become law.
Ismail had said that this was to prevent a similar incident to the gazetting of the National Security Council (NSC) Act 2016, that became law without royal assent.
Prior to the amendment, the King had the power to return a bill to Parliament for reconsideration and to state his reasons for objecting to the bill.
Mahathir said Article 66(4a) was pertinent in that it dismisses any doubts regarding the rights of parliamentarians in the passing of a bill and the power of the Parliament, and brushes aside any claims alleging that the Malay rulers have absolute power and are not subject to the constitution.
He said under Article 40 of the constitution, it is also stated that the King shall act in accordance with the advice of the Cabinet or of a minister acting under the general authority of the Cabinet.
Mahathir, however, pointed out that the amendments made in 1994, and other similar amendments in 1983 and 1984, should not be seen as threatening the position of the Malay rulers.
“Their positions are still being defended in the context of the country’s constitutional monarchy,” he said.