The Malaysian Insight

PRIME Minister Muhyiddin Yassin is proposing for the Yang di-Pertuan Agong to declare a state of political emergency amid the Covid-19 pandemic, which has worsened in the past month.

This comes less than two weeks before the next Dewan Rakyat sitting, where Budget 2021 was supposed to be tabled.

There have been five emergencies since independence, but the most famous among them is the 1969 emergency, which resulted in the suspension of Parliament and a slew of laws to curtail civil liberties.

The other emergencies were imposed during the “war” against the communists from 1948 to 1960, the Indonesia-Malaysia Confrontation in 1964, the Sarawak leadership crisis in 1966 and in Kelantan after then menteri besar Mohamed Nasir, who was with PAS, refused to quit. It led to street riots and a political impasse.

Following the 1969 racial riots, the Yang di-Pertuan Agong issued a proclamation of emergency on May 15, 1969 which applied to the whole of Malaysia and parts of the federal constitution were suspended.

This was in accordance to Article 150(1) of the constitution, where if the king was convinced there was a grave threat to the nation either in terms of security, economy or public order, he could declare an emergency.

“If the Yang di-Pertuan Agong 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, he may issue a proclamation of emergency making therein a declaration to that effect.”

The king also suspended Parliament and formed the National Operations Council (NOC) in 1969, which was headed by Abdul Razak Hussien, who later became the prime minister.

With Dewan Rakyat suspended, the NOC became the highest decision-making body for the next 18 months until Parliament reconvened in 1971.

The executive branch was responsible for running the whole of the country without involvement from the legislative and the judiciary.

State and District Operation Councils took over the state and local governments nationally. 

The prime minister at the time, Tunku Abdul Rahman, was not part of the NOC but was consulted on major decisions.

The NOC was formed as a “temporary government” and included leaders and civil society figures.

The NOC also formed a sub-committee National Consultative Council (NCC), which was in charge of improving racial relations at the time. The NCC came up with the Rukunnegara and the New Economic Policy (NEP).

The NOC was dissolved when Parliament reconvened in February 1971, but the National Security Council (NSC) was erected soon after as Malaysia continued to face threats from Communists.

When Parliament reconvened in September 1971, the NOC was disbanded.

However, the state of emergency declared in 1969 and all the other emergencies, except the one during the Indonesia-Malaysia Confrontation, remained in force until Najib Razak took office.

In September 2011, then prime minister Najib tabled a motion in Parliament for the proclamations to be removed.

The motion was passed by both Dewan Rakyat and Dewan Negara.

It is important to note that any emergency ordinance (EO) made during the emergency period is valid like a parliamentary act and only is removed when the Agong revokes it or Parliament repeals it.

The EO can supersede the federal constitution except for Islamic and Malay customary matters or with respect to any matter of native law or custom in the state of Sabah or Sarawak and shall not validate any provision inconsistent with the provisions of the constitution relating to any such matter or relating to religion, citizenship, or language. – October 23, 2020.