KUALA LUMPUR: Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah has the power to set parliamentary sittings without advice from Prime Minister Tan Sri Muhyiddin Yassin.

The matter is provided under Article 55 of the Federal Constitution, said Gua Musang Member of Parliament Tengku Razaleigh Hamzah on Thursday.

He stressed that all parties are subject to the Federal Constitution, regardless of any status and privileges.

“The Agong and the Prime Minister are subject under their pledge to uphold the Constitution.

"There is no prerogative for either the Agong or Prime Minister. The constitution is supreme," he said.

Tengku Razaleigh or Ku Li said lawyers who are talking about prerogative rights and their relation to the Constitutional system in Malaysia have actually been confused and do not understand that Malaysia is bound by the Constitution.

"And there is no such thing as a prerogative right, either historically or constitutionally.

"The rule of law and accountability in upholding the Constitution cannot be compromised by considerations outside the Constitution.

"Parliament is the lifeblood of the Constitution and without a functioning Parliament, the Constitution cannot function," he added.

Ku Li had earlier made a statement welcoming the firmness shown in an Istana Negara statement that Parliament could convene during the emergency period in force.

According to Article 55 of the Federal Constitution, only His Majesty can convene Parliament and he also has the absolute power to adjourn or dissolve Parliament.

His Majesty is provided by the Constitution to fix the sitting of Parliament within a period of six months between the session of the previous term and the next term.

Ku Li explained, according to the Constitution, it is illegal if the decision to prorogue or postpone Parliament is made without justification.

“If the postponement causes frustration or hinders the ability of Parliament to carry out its constitutional function, which is to regulate the Executive, then it is unconstitutional.

"In judging any justification for postponing Parliament, the Agong must be sensitive to his responsibilities to the country.

"Article 55 is very clear about the constitutional duty of the Agong. It is not a function; it is a constitutional duty, and that duty cannot be compromised," he said.

Ku Li stressed that, according to the Constitution, the Agong cannot allow the sitting of Parliament to be adjourned for more than six months.

He said the case of postponing Parliament without justification had been decided by the United Kingdom Supreme Court recently.