I have been asked to advise whether the speaker of the Perak Legislative Assembly was entitled in law to convene the assembly on March 3, 2009. Ultimately, the issue turns on whether the last meeting of the assembly in November 2008 was prorogued (“di-berhentikan”) or adjourned (“di-tangguhkan”).
If it was prorogued, only the Perak sultan can summon the assembly: if it was adjourned, then the speaker can convene. According to my instructions, what was adjourned sine die in November 2008, was the third sitting of the first session of the 12th Legislative Assembly. This opinion is written on that factual basis.
What the Perak constitution says
The starting point in the analysis is the laws of the Perak Constitution, and in particular Articles 36 and 44. Article 36 deals with the summoning, prorogation and dissolution of the legislative assembly. Article 36 (1) and (2) read as follows:
“(i) His Royal Highness shall from time to time summon the Legislative Assembly and shall not allow six months to lapse between the last sitting in one session and the date appointed for its first sitting in the next session.
(ii) His Royal Highness may prorogue or dissolve the Legislative Assembly”.
It should be noted that Article 36 does not deal with adjournment of the assembly.
Article 44 (1) states that the legislative assembly shall regulate its own procedure and may make Standing Rules and Orders for “the regulation and orderly conduct of its own proceedings and the conduct of business”.
Article 44 (1) recognises the well-settled constitutional principle that the assembly is the master of its procedure, and its sovereignty over its internal affairs cannot be questioned by any external body.
(Source: Speaker has powers to recall assembly - Malaysiakini)
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