Government / Public Policy

Article 66 (4A) of the Federal Constitution won't be amended, says Dr M

KUALA LUMPUR: The government will not amend Article 66 (4A) of the Federal Constitution, which allows Bills to automatically become law in 30 days without the Yang di-Pertuan Agong’s assent.

Prime Minister Tun Dr Mahathir Mohamad said the government would not relook into the provision as it had already been amended three times since 1983.

He said these amendments were Constitution (Amendment) Act 1983, Constitution (Amendment) Act 1984 and Constitution (Amendment) Act 1994.

“The amendments dispel doubt in the power of Parliament to legislate laws and any notion that the King has absolute power over the country’s laws,” he said.

“The amendments were in line with parliamentary democracy practised in this country, which is where power to make laws is the right of Parliament.

“Based on the principles of constitutional monarchy practiced in this country, the Federal Constitution is the supreme law on which everything is based.”

Dr Mahathir was answering a question from Datuk Dr Ismail Mohamed Said (BN-Kuala Krau) during Question and Answer session in the Dewan Rakyat today.

Ismail wanted to know whether the government would relook into and amend Article 66 (4A).

He said that the amendment must not be looked at as something that had an adverse effect on the Malay Rulers but one that upheld the agreed principle of the supremacy of the people and the legislature acting as the voice of the people.

“The sovereignty of the Rulers are upheld in the context of constitutional monarchy,” he said.

In answering an additional question from Datuk Seri Dr Wan Junaidi Tuanku Jaafar (PBB-Santubong) regarding the suitability of the amendment for this era, Dr Mahathir said the voice of the people determined everything in a democratic nation.

He noted that, at the same time, any Bill passed by both Houses of Parliament needed to be looked at by the Yang di-Pertuan Agong so that His Highness would know more about the Bill that had been agreed to by the people.

“If we give absolute power to the Yang di-Pertuan Agong, then the people would lose power and we would not be a democratic country.

“I think we know that the people’s power cannot be set aside and abolished by the Yang di-Pertuan Agong,” he said.

In answering an additional question from Datuk Takiyuddin Hasan (Pas-Kota Bharu) over whether any of the states lacked amendments similar to Article 66 (4A), Dr Mahathir said there was no compulsion for state governments to make such amendments.

“This is related to understanding and agreement between two powers. We imitated British law quite extensively. However, over there, the Queen does not reject the decision of Parliament.

“This is a formality where what is passed by Parliament is agreed to on a whole,” he said.

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