What is the significance of Clause 21 in the proposed amendments?

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Clause 21 Represents a Significant Departure from Precedent in Federal Constitutional Amendments

Clause 21 of the proposed amendments to the Constitution (Amendment) (No. 2) Bill 2026 is highlighted as a "game changer" due to its unprecedented nature within the Federal Constitution. This clause explicitly states that, notwithstanding Article 40, the Prime Minister and the Cabinet shall not advise the Yang di-Pertuan Agong for the purposes of this specific Article. This provision fundamentally alters the established advisory role of the executive branch in matters pertaining to this particular article.
Exclusion of Prime Ministerial and Cabinet Advice

The core significance of Clause 21 lies in its direct exclusion of the Prime Minister and the Cabinet from advising the Yang di-Pertuan Agong. Under normal constitutional practice, as generally understood, the executive, led by the Prime Minister and comprising the Cabinet, provides advice to the Yang di-Pertuan Agong on a wide range of governmental functions. However, Clause 21 carves out an exception for the specific context of this article, meaning the Yang di-Pertuan Agong will act without this customary executive input.
Unprecedented Constitutional Provision

This specific provision is noted as having no precedent in the Federal Constitution. While the constitution outlines various roles and limitations for different branches of government, a clause that explicitly removes the Prime Minister and Cabinet's advisory capacity for a particular article is a novel development. This uniqueness underscores its potential impact on the balance of power and the established procedures for executive action within the constitutional framework.
Strengthening Parliamentary Scrutiny

The proposed amendments, including Clause 21, are generally aimed at enhancing Parliament's role in the scrutiny and recommendation processes, particularly concerning the appointment of the Public Prosecutor. By limiting the direct advisory role of the Prime Minister and Cabinet in this specific context, the amendments appear to shift certain decision-making or consultative powers, thereby increasing the significance of parliamentary oversight and input as envisioned by the parliamentary special select committee (PSSC).

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What is the significance of Clause 21 in the proposed amendments?

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