A State of Emergency
How does a democratic government legally hold on to endless power after it has lost the confidence of the majority of its people? How does these leaders authorize and command the compliance of the armed services and civil enforcement agencies when they are no longer mandated to act as the Government? Simple! Just declare a nationwide State of Emergency before they get voted out.
Under the Federal Constitution, Article 150 states that only the Yang di-Pertuan Agong has the absolute right to proclaim and withdraw a State of Emergency. Neither the Legislature nor the Judiciary possesses this unqualified privilege. When such consent is granted under the Emergency (Essential Powers) Act 1964, all fundamental liberties will be suspended and Article 149 comes into play whereby arbitrary powers of arrest are afforded the Federal Government, by Law, to impose preventive detention without requiring due process of Law on any individual or group for whatever reasons it can come up with. Littering may merit preventive detention if the Federal Government can construe it as “threatening the safety of the state” or “detrimental to public order”. This is because no judicial reviews for any of the prerogative orders of mandamus, prohibition and certiorari can be administered here as this Emergency empowers the Minister of Home Affairs to be the judge, jury and executioner, also granting him and his delegated officers full and unreserved indemnity against possible prosecution.
Since the Proclamation of Emergency issued by the Yang di-Pertuan Agong on the 15th of May 1969 under Article 150 of the Federal Constitution has never been officially withdrawn, and both the Dewan Negara and Dewan Rakyat have never retracted their consent, the Essential Powers effectively remain in force in Malaysia. Furthermore, since Malaysia is still legitimately under Emergency rule, the Federal Government does not require additional consent from the Yang di-Pertuan Agong to re-invoke a nationwide State of Emergency.
Additionally, the Parliament will be permanently suspended until the Federal Government sees fit to temporarily lift this State of Emergency or when the Yang di-Pertuan Agong revokes it. When this happens, all State Legislatures are likewise defunct. The military and the police force will assume control all of the States, under strict direction from the Federal Government. Similarly, the Elections Commission will be permanently suspended and henceforth no elections can be held during this period of time.
As there are no automatic expiration dates after an Emergency has been declared, and unless the Yang di-Pertuan Agong declares the Emergency effectively over, the Federal Government is thus capable of clinging to this power indefinitely. It can also summarily and legally execute all its detractors during this period of time without having to answer for it, ever. No, it does not instill confidence but these repressive laws have been with us since before our Independence Day in 1957 – a leftover from British rule that was never rescinded but instead revised by the current government to bestow upon themselves a far more complete control over its denizens.
With the political impasse in Perak almost reaching a crescendo, one of the many options the Federal Government can invoke is the declaration of a national State of Emergency, effectively bringing to a premature end, once and for all, the PR efforts to retake control of the Perak State Government.
What a BUMMER!
Hakim Joe
