YDPA bound by Cabinet’s advice

DATUK SERI ANWAR IBRAHIM v GOVERNMENT OF MALAYSIA & 1 LG

(Civil Appeal No: 06(RS)-1-03/2019(W)

The Federal Court said the Yang di-Pertuan Agong is bound by the Cabinet’s advice, in a judgment dismissing a suit brought by PKR president Anwar Ibrahim seeking to declare the National Security Council Act as unconstitutional.

Anwar had sought the declaration on the argument that the NSC Act became law pursuant to an “unconstitutional amendment”, and that its enactment violated Article 149 of the constitution as well as Article 9 (2) on the freedom of movement.

Anwar had referred to a 1994 amendment to Article 66 under the Barisan Nasional government where he was the deputy prime minister, which states that a bill passed in Parliament shall automatically become law 30 days after it is presented to the Agong, even if it receives no royal assent.

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