How did Paragraph 19A bypass parliamentary approval?

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Paragraph 19A Allows for Executive Amendment of Parliamentary Benefits by the Yang di-Pertuan Agong

Paragraph 19A of the First Schedule to the Members of Parliament (Remuneration) Act 1980, enables the Yang di-Pertuan Agong to amend provisions related to parliamentary benefits through an order. This process bypasses the traditional parliamentary approval route because the Agong acts upon the advice of the Cabinet or the prime minister, effectively making it an executive action rather than a legislative one. Amendments made in this manner are considered as if they were originally enacted within the Schedule itself.
Executive Power to Amend Parliamentary Remuneration

Section 8 of the Members of Parliament (Remuneration) Act 1980 establishes that Members of Parliament are entitled to pensions, gratuities, and other benefits as outlined in the First Schedule. Paragraph 19A specifically grants the Yang di-Pertuan Agong the authority to amend this First Schedule. This power is exercised when it appears to the Agong to be "necessary or expedient," and any resulting amendment carries the force of law as if it were part of the original Schedule.
Role of the Cabinet and Prime Minister in Amendments

The mechanism described in Paragraph 19A operates on the principle of advice. The Yang di-Pertuan Agong, when making amendments under this provision, does so based on the counsel of the Cabinet or the prime minister. This reliance on executive advice signifies that the decision to alter the benefits is driven by the government of the day rather than through a debate and voting process within Parliament.
Circumvention of Parliamentary Scrutiny

Consequently, an amendment enacted via an order made under Paragraph 19A constitutes an executive act. This executive action bypasses the standard legislative process where proposed changes to Acts of Parliament would typically be introduced, debated, and voted upon by elected Members of Parliament. For instance, the insertion of Paragraph 21, concerning benefits for former prime ministers, was achieved through such an order in 1981, without direct parliamentary deliberation on the specific amendment.

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How did Paragraph 19A bypass parliamentary approval?

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