Why does the MP believe an emergency order is constitutional despite legal objections?

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The MP's Rationale for the Constitutionality of an Emergency Declaration

Saratok Member of Parliament Ali Biju asserts that an emergency declaration, as provided for under Article 150 of the Malaysian Constitution, is inherently constitutional due to its inclusion within the foundational legal framework of the nation. He posits that the “emergency powers” allegedly sought by the Prime Minister would primarily involve the suspension of Parliament and the limitation of political activities, rather than imposing military rule, curfews, or restrictions on economic operations. Biju, drawing an analogy from his engineering background, argues that just as individual components must function harmoniously for a device to operate, Article 150, being an integral part of the Constitution, cannot logically be deemed unconstitutional.
Engineering Logic Applied to Constitutional Interpretation

Ali Biju, an engineer by profession, frames his understanding of the emergency declaration through an engineering lens, emphasizing the interconnectedness of constitutional provisions. He contends that if Article 150 is a component of the Constitution, then any action taken under its provisions is, by definition, a creation of the Constitution itself. This perspective leads him to question the logic of declaring an emergency unconstitutional when the Constitution explicitly provides for such a measure. He views disagreeing with an emergency declaration as implicitly endorsing the idea of holding elections amidst a pandemic, which he considers a far greater risk.
Distinguishing Emergency Powers from Draconian Measures

Biju clarifies his understanding of the alleged emergency powers, stating they do not encompass measures that would directly burden the Malaysian populace or disrupt economic activities. He specifies that the intended scope would be limited to suspending parliamentary sittings and curtailing political maneuvering, thereby ensuring that daily life, including business operations for shopkeepers and industry leaders, would continue as usual. This distinction is crucial to his argument that the declaration would not negatively impact the general public or the economy.
Call for Stability Over Political Maneuvering

The Saratok MP urges a shift in focus from political contests to more pressing national concerns, advocating for efforts to stabilize the government, combat the Covid-19 pandemic, and revitalize the economy. He expresses alarm at statements from the Opposition and their supporters, which he believes aim to destabilize the government. Biju emphasizes the need for a stable political landscape to ensure the uninterrupted continuation of the fight against the pandemic and the ongoing economic recovery, thereby preventing potential spooking of foreign investors due to political uncertainties.

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Why does the MP believe an emergency order is constitutional despite legal objections?

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