Perlembagaan Persekutuan
(1) If the Yang di-Pertuan Agong is satisfied that a grave
- Jurisdiction
- Malaysia
- Provision
- 150
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source150. (1) If the Yang di-Pertuan Agong is satisfied that a grave
emergency exists whereby the security, or the economic life, or
public order in the Federation or any part thereof is threatened,
he may issue a Proclamation of Emergency making therein a
declaration to that effect.
(2) A Proclamation of Emergency under Clause (1) may be
issued before the actual occurrence of the event which threatens
the security, or the economic life, or public order in the Federation
or any part thereof if the Yang di-Pertuan Agong is satisfied that
there is imminent danger of the occurrence of such event.
(2a) The power conferred on the Yang di-Pertuan Agong by this
Article shall include the power to issue different Proclamations
on different grounds or in different circumstances, whether or not
there is a Proclamation or Proclamations already issued by the
Yang di-Pertuan Agong under Clause (1) and such Proclamation
or Proclamations are in operation.
(2b) If at any time while a Proclamation of Emergency
is in operation, except when both Houses of Parliament are
sitting concurrently, the Yang di-Pertuan Agong is satisfied that
certain circumstances exist which render it necessary for him to
take immediate action, he may promulgate such ordinances as
circumstances appear to him to require.
(2c) An ordinance promulgated under Clause (2b) shall have
the same force and effect as an Act of Parliament, and shall
continue in full force and effect as if it is an Act of Parliament
until it is revoked or annulled under Clause (3) or until it lapses
[Article 150] Federal Constitution 142
under Clause (7); and the power of the Yang di-Pertuan Agong
to promulgate ordinances under Clause (2b) may be exercised
in relation to any matter with respect to which Parliament
has power to make laws, regardless of the legislative or other
procedures required to be followed, or the proportion of the
total votes required to be had, in either House of Parliament.
(3) A Proclamation of Emergency and any ordinance promulgated
under Clause (2b) shall be laid before both Houses of Parliament
and, if not sooner revoked, shall cease to have effect if resolutions
are passed by both Houses annulling such Proclamation or
ordinance, but without prejudice to anything previously done by
virtue thereof or to the power of the Yang di-Pertuan Agong to
issue a new Proclamation under Clause (1) or promulgate any
ordinance under Clause (2b).
(4) While a Proclamation of Emergency is in force the executive
authority of the Federation shall, notwithstanding anything in this
Constitution, extend to any matter within the legislative authority
of a State and to the giving of directions to the Government of
a State or to any officer or authority thereof.
(5) Subject to Clause (6a), while a Proclamation of Emergency
is in force, Parliament may, notwithstanding anything in this
Constitution make laws with respect to any matter, if it appears to
Parliament that the law is required by reason of the emergency; and
to such a Bill, nor shall any provision of this Constitution or of
any written law which requires any consent or concurrence to
the passing of a law or any consultation with respect thereto, or
which restricts the coming into force of a law after it is passed
or the presentation of a Bill to the Yang di-Pertuan Agong for
his assent.
(6) Subject to Clause (6 a ), no provision of any ordinance
promulgated under this Article, and no provision of any Act of
Parliament which is passed while a Proclamation of Emergency is
in force and which declares that the law appears to Parliament to be
required by reason of the emergency, shall be invalid on the ground
of inconsistency with any provision of this Constitution.
(6a) Clause (5) shall not extend the powers of Parliament
with respect to any matter of Islamic law or the custom of the
[Article 150 Federal Constitution 143
Malays, or with respect to any matter of native law or customs
in the State of Sabah or Sarawak; nor shall Clause (6) validate
any provision inconsistent with the provisions of this Constitution
relating to any such matter or relating to religion, citizenship,
or language.
(7) At the expiration of a period of six months beginning with
the date on which a Proclamation of Emergency ceases to be in
force, any ordinance promulgated in pursuance of the Proclamation
and, to the extent that it could not have been validly made but for
this Article, any law made while the Proclamation was in force,
shall cease to have effect, except as to things done or omitted
to be done before the expiration of that period.
(8) Notwithstanding anything in this Constitution—
(a) the satisfaction of the Yang di-Pertuan Agong mentioned in
Clause (1) and Clause (2b) shall be final and conclusive
and shall not be challenged or called in question in any
court on any ground; and
(b) no court shall have jurisdiction to entertain or determine
any application, question or proceeding, in whatever
form, on any ground, regarding the validity of—
(i) a Proclamation under Clause (1) or of a declaration
made in such Proclamation to the effect stated
in Clause (1);
(ii) the continued operation of such Proclamation;
(iii) any ordinance promulgated under Clause (2b);
or
(iv) the continuation in force of any such ordinance.
(9) For the purpose of this Article the Houses of Parliament
shall be regarded as sitting only if the members of each House
are respectively assembled together and carrying out the business
of the House.
Restrictions on preventive detention
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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