Constitutional issues to the fore

DURING the last fortnight, a number of contentious issues washed up on our constitutional shores. The first is whether the Prime Minister can fix the date of the parliamentary dissolution and an early general election. The second concerns the legal effects of a royal pardon. The third relates to the abolition of mandatory death penalties.

This means that the PM can request a dissolution but cannot usurp the powers of the King and the EC. One must also note that conventionally, the power to advise the monarch has shifted from the Cabinet to the PM. The PM can be guided by his Cabinet, his party or his coalition but cannot be dictated to by them.

> The “court cluster” MPs’ wish for an early poll before possible disqualification under Article 48 applies in relation to nomination, election or appointment to either House.> The demand for an early GE is not coming from the rakyat but from Umno. The rakyat are struggling with bread and butter issues.

Under Article 48, a conviction with an imprisonment for one year or a fine of RM2,000 disqualifies a person from being a member of either House. However, under Article 48, the disqualification is suspended if, within 14 days, the convicted MP files an appeal. There is a similar suspension under Article 48 if the MP files a petition for pardon. This means that MPs convicted of crimes can continue to enjoy the perks of office till their appeal or petition is disposed off.

The other view, which I support, is that much depends on the nature of the pardon. Under Article 42, the Head of State has a bundle of powers: to grant pardon, reprieve, respite, remission, suspension, and commutation.

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