AUGUST 17 ― All political leaders in the country will have an audience with the Yang di-Pertuan Agong (the King) today.

Until then and a consensus on a Member of Parliament (MP) who has the confidence of the majority of MPs in the Dewan Rakyat, it is caretaker Prime Minister Tan Sri Datuk Haji Mahiaddin Bin Haji Md Yasin who is in charge.

Caretaker prime minister sans a Cabinet.

Article 43(1) of the Federal Constitution envisages that there must always be a Jemaah Menteri (Cabinet of Ministers) to advise the King "in the exercise of his functions.”

The King cannot be without a Cabinet of Ministers at any point of time during his term of office. Which is why Article 43(2) mandates the King to (a) first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and (b) on advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament ― that is, MPs and Senators.

Which is why, again, the concept is about a caretaker government, not just a caretaker prime minister. Further, the concept does not arise if a sitting prime minister resigns ― following which his Cabinet of Ministers resigns with him ― if there is no dissolution of Parliament.

The concept itself is not found in the Federal Constitution. Only that it is based on conventions and conventions are the unwritten rules and are part of the Constitution.

Accordingly, one can agree on a caretaker government. In our Constitutional context, it should be a caretaker Cabinet of Ministers and not just a caretaker prime minister. Until a new prime minister is appointed together with a Cabinet of Ministers that meets the requirement of Article 43(2), a caretaker Cabinet of Ministers needs to be appointed.

Otherwise, all ministerial powers will be devolved to a caretaker prime minister. He alone has all ministerial powers.

Imagine a detention order is needed to be made between now and the appointment of a new Cabinet of Ministers, it will have to be signed by Tan Sri Datuk Haji Mahiaddin Bin Haji Md Yasin. There is no Home Minister.

Imagine an order is needed to be made under the Prevention and Control of Infectious Diseases Act 1988 (Act 342), it will have to be signed also by Tan Sri Datuk Haji Mahiaddin Bin Haji Md Yasin. There is no Health Minister.

A man watches a live telecast of caretaker Prime Minister Tan Sri Muhyiddin Yassin's speech on his phone August 16, 2021. — Picture by Ahmad Zamzahuri

We can go on and on.

It cannot be the intention of the framers of the Federal Constitution that executive or ministerial powers are devolved to one man.  A caretaker prime minister without his Cabinet of Ministers arguably is unconstitutional.

Which is why it is incumbent on political leaders who are to meet the King today to agree on an MP who will have the confidence of the majority of MPs in the Dewan Rakyat.

Otherwise, they may agree on Mahiaddin as caretaker prime minister who will advise the King to appoint a caretaker Cabinet of Ministers.

It should be a caretaker war Cabinet ― small in number ― and a unity Cabinet.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.