THE grapevine is filled with news that Parliament may be dissolved during or after the impending Budget session. The law in Article 55(4) of the Federal Constitution says that whenever Parliament is dissolved, a general election shall be held within 60 days and the new Parliament shall be summoned within 120 days of the dissolution. Will all state assemblies also go to the polls if a federal election is called? There is no such constitutional requirement and the decision to hold a state election prematurely will be guided by political imperatives at the state level, especially in Opposition-controlled states.
The Federal Government cannot impose its views on state Rulers, governors, premier and chief ministers. It is noteworthy that due to recent snap elections in four states, the five-year term of their assemblies ends much later than that of the Parliament, which is July 16, 2023.
For Sabah, it is Oct 9, 2025; Melaka Dec 27, 2026; Sarawak Feb 14, 2027; and Johor April 2
Is the Article 150 power to declare or revoke an Emergency or to set up a National Operations Council as in 1969 a discretionary or a non-discretionary function?
OUR Constitution has invested the Yang di-Pertuan Agong with vast powers and functions in the executive, legislative and judicial fields and in relation to Islam.
A computer check indicates that the words “Yang di-Pertuan Agong” occur in the Federal Constitution 274 times!
If all of these 274 mentions indicate the existence of discretionary powers, then His Majesty is obviously an absolute and not a constitutional monarch.
It is submitted that the proper approach to constitutional interpretation is that no provision conferring power and function on the King should be interpreted literally or in isolation but must be read in the light of Articles 40(1) and 40(1A), which require His Majesty to act on advice.