FEBRUARY 12 — There has been much talk about the opposition political party PAS's intention to motion in the Dewan Rakyat a vote of confidence in the Prime Minister.
While the motive behind this move remains to be seen, let us look at what the Federal Constitution has to say.
Article 43(2)(a) states:
(2) The Cabinet shall be appointed as follows, that is to say:
(a) the Yang di-Pertuan Agong shall 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.
Article 43(4) states:
(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
Essentially, it means this.
It is the YDPA in his wisdom that decides which individual commands the majority confidence in the Dewan Rakyat to be appointed as the Prime Minister.
Of course, the YDPA 's judgement in appointing the Prime Minister would necessarily take into account the glaring realities such as the party with most seats and consensus amongst the party with majority seats as well as their agreed nominee for Prime Minister, amongst others.
The YDPA has appointed Tun Dr Mahathir as the Prime Minister.
The Federal Constitution does not require nor provide for anyone else other than the YDPA to decide which individual commands the majority confidence in the Dewan Rakyat to be appointed as the Prime Minister.
What the Federal Constitution does envisage or contemplate is a situation where there is a cessation of the commanding of majority confidence by that individual he had appointed as the Prime Minister.
Logic would dictate that such a situation could only arise as a result of a vote of no confidence by the members of the Dewan Rakyat against that individual appointed by the YDPA as Prime Minister.
There is no such motion.
If anyone wanted the YDPA to revisit his earlier judgement of appointing the Prime Minister, it must necessarily and only be done by a vote of no confidence through any person(government or opposition).
Until such vote of no confidence, there is no practical reason for the opposition, in this case PAS, to re-assert the YDPA's judgement in the Dewan Rakyat.
As is stands, the YDPA's decision to appoint Tun Dr Mahathir as the Prime Minister was reached in his wisdom. This wisdom of appointment by the YDPA is required by the Federal Constitution, and the YDPA has rightly done so.
Therefore, with all due respect to PAS, Malaysians wholeheartedly accept the wisdom of the YDPA in appointing Tun Dr Mahathir as the Prime Minister. There is no requirement, constitutionally or otherwise, for PAS or any other opposition political party for that matter, to waste the precious time of the Dewan Rakyat to talk about something that the YDPA has already decided.
In the circumstances, it is humbly submitted that the Speaker of the Dewan Rakyat may respectfully decline to hear this proposed motion of confidence by PAS, and instead proceed with other important and urgent motions which require deliberation by the Dewan Rakyat for the benefit of the rakyat at large.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
