Gopal Sri Ram said Article 40 of the Federal Constitution states the King as the constitutional monarch can only act on advice except in three circumstances.
These are in the appointment of a prime minister, withholding consent to dissolve Parliament and to call for a meeting of the Rulers’ Conference.
“The King cannot act unilaterally except under these three circumstances,” he told FMT in response to a letter to the King by the KSI Strategic Institute for Asia-Pacific that the military is the most capable and equipped body to take the lead in ramping up vaccination rates nationwide.
It said all resources and execution powers must be vested in this body within the provision of the emergency laws, with the sole objective to obtain approved vaccines and administer them without any red tape.
The May 27 letter was signed by KSI president Michael Yeoh, an economist, and its adviser, property tycoon Lee Kim Yew.
“The armed forces will be able to use the RM5 billion Covid-19 reserve to undertake this task and bypass all unnecessary regulatory requirements.
“It will also allow the purchase of new vaccines already tested and approved by the World Health Organization without further need for approval by local regulatory bodies,” KSI said.
Sri Ram said though the King was also the Supreme Commander of the armed forces, he could only act on the advice of the defence minister or a member authorised by the Cabinet.
Meanwhile, senior lawyer Bastian Pius Vendargon said the King was entitled to advise and caution his government but he could not act on his own volition except for specified provisions in the constitution.
“He is entitled to get an opinion from any source, including his brother Rulers but still has to abide by the provision in the supreme law of the land,” he said.
Vendargon said the institute’s suggestion asking the armed forces to take a lead role in civilian matters was paving the way for martial law over civil governance.
“This is in total defiance of the constitutional framework of the Westminster model and cannot be encouraged,” he added.
Vendargon said although an Emergency was in force, the executive (Cabinet) and the judiciary were still operating.
“Only our Parliament and state assemblies have been expressly suspended,” he added.