Government’s Powers During an Emergency

Abstract

This write-up looks into the political situation that existed in Malaysia commencing with the 2018 General Election when Pakatan Harapan toppled the long-established Barisan Nasional and thereafter fall of Pakatan Harapan (PH) Government in 2020. Thereafter the Perikatan Nasional (PN) led by Tan Sri Muhyiddin Yassin took over the government. The PN Government was accused of being a back-door government. Immediately after PN took over the Government, the world, including Malaysia, faced the Covid-19 pandemic. At the same time, the PN Government, which included UMNO and PAS, had only a very small majority in Parliament. The issue of the Government invoking the Emergency powers under Article 150 of the Federal Constitution was extensively discussed amongst the politicians and writers. Article 150 became very relevant. A major part of this write-up (which is supported by legal authorities) involves the legality of the Government invoking Article 150 towards fighting the Covid-19 pandemic in Malaysia.