The Malaysian Insight

PAKATAN HARAPAN de facto leader Anwar Ibrahim today filed an application at the Federal Court to nullify three laws that were passed without the assent of the Yang Di-Pertuan Agong.

His lawyer N. Surendran said an amendment to Article 66 of the Federal Constitution in 1994 had allowed the King to be bypassed in the passing of laws.

“Anwar is making a direct challenge at the Federal Court against all laws that were passed without royal assent.

“BN had denied the King this power. Under the amendment, a bill will become law within 30 days after it is presented to the King, without requiring royal assent.

“Because of this amendment, the National Security Council Act became law even without the King’s royal assent,” he told reporters at the lobby of the Palace of Justice in Putrajaya today.

Anwar is seeking leave under Article 4(4) of the Federal Constitution to question the validity of amendments made in 1983, 1984 and 1994 that removed the King’s powers to give the final approval for bills passed by the Dewan Rakyat.

The amendments were made when Dr Mahathir Mohamad was prime minister and Anwar was his deputy.

The Dr Mahathir-led administration amended the Federal Constitution in 1994, without referring to the Conference of Rulers as required, making it such that any bill approved by Parliament would automatically become law even without royal assent after 30 days.

In 1983, an amendment bill introduced a new clause to provide that any bill not assented to within 15 days of being presented to the King will be deemed assented to and become law. The time limit also applied to state rulers.

The Conference of Rulers vetoed the bill, which led to a constitutional crisis until a compromise was worked out between the government and the royals.

The Constitution (Amendment) Act 1984 then enabled the King to object to a bill, but still provided for the government to ultimately bypass the King in the legislative process.

The King was given 30 days to consider the bill, and the right to return it to the House with written reasons for his objections. The King could delay the bill for another 30 days, but if he still refused to give his assent, the bill would be passed.

But in 1994, Article 66 was amended again with provisions for the King to send his written objections and a second 30-day period to consider the bill repealed. The bypassing procedures were extended to state rulers.

The amendment allows the King and Sultans only 30 days to give assent, after which the bills presented to them will become law.

Anwar’s wife Dr Wan Azizah Wan Ismail said the challenge was necessary as the amendments had led to the violation of the Constitution, citing the passing of the National Security Council Bill without the King’s assent in June 2016. – January 2, 2018.