What is the primary function of the proclamation of the State of Emergency (Darurat)? Does the proclamation of the State of Emergency a sole and exclusive right wielded by the Yang di-Pertuan Agong as stated in the Federal Constitution? Please explain your answers.(about malaysia)
On 11 January 2021, the Yang di-Pertuan Agong declared a nationwide state of emergency that will be enforced until 1 August 2021 (“Proclamation of Emergency”). To understand the effect of such proclamation, it is necessary to take a glimpse into the foundation of the Federal Constitution (“FC”).
On 31 August 1957, following the proclamation of the Declaration of Independence, it was acknowledged that Malaysia is a constitutional monarchy based on Parliamentary Democracy. Under this system of government, the country’s FC represents the supreme law of Malaysia, as enshrined in Article 4(1) of the FC. Any law passed which is inconsistent with the FC shall, to the extent of the inconsistency, be void.
Also embedded in the FC is the separation of power into three branches of our Government, i.e., the Legislative (Parliament), Executive (Government) and Judiciary (Court), which are to check and balance each other’s functions and powers. The separation of powers, therefore, form the basic structure of the FC.
Under Article 40(1) of the FC, the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet.
Article 150(1) and (2) of the FC empowers the Yang di-Pertuan Agong to make a proclamation of emergency if His Royal Highness is satisfied that a grave emergency exists whereby the security, or the economic life, or the public order in the Federation (Malaysia) or any part thereof is threatened or there is an imminent danger of the occurrence of such event (“Emergency”).