MAY 19 — Allow me to explain why the Malaysians should stop calling Perikatan Nasional (PN) a backdoor government.
Based on the few political events happened recently such as the postponement of the Parliamentary meetings or sessions due to the real threat of vote of no confidence in disguise of Covid-19, it is undoubtedly clear that Pakatan Harapan coalition (PH) has the support of the majority of members of Parliament (MPs) in the Dewan Rakyat. Otherwise, PN would have allowed the reconvening of Parliamentary session for a vote of no confidence.
However, within the PH coalition, the support of the MPs is split into two candidates: Tun Dr. Mahathir and Anwar Ibrahim.
Whereas, though PN does not have the support of the majority in the Parliament, PN’s candidate viz. Muhyiddin Yassin, being the incumbent Prime Minister of Malaysia, has the most support from the members of Dewan Rakyat. Hence, it is not unconstitutional for the Yang di-Pertuan Agong to appoint Muhyiddin Yassin as the 8th Prime Minister.
For example (as none of us know of the exact figure I would use a figure totalling 100 representing the actual parliamentary seats of 222): PH has 60 votes vs. PN has 40 votes, totalling 100 votes.
Yet, PH’s 60 votes is split into half, 30 to Mahathir and another 30 to Anwar Ibrahim. Whereas PN’s complete support goes to Muhyiddin i.e. 40 votes. Hence, Muhyiddin technically has the most support from the members of Parliament in comparison to Mahathir and Anwar which each holding 30 votes respectively.
The above situation was in a legal sense a hung-parliament but with a slight tip to the conventional understanding of a hung-parliament. It is not a situation where none of the parties commands a majority, it is just a situation where none of the prime ministerial candidates has the confidence of the majority.
So, to prevent a political crisis or another general election especially during Covid-19 pandemic, it is sensible of the Agong to appoint Muhyiddin as the 8th Prime Minister of Malaysia.
It is now a situation where the PH has control over the Dewan Rakyat (i.e. Parliament) and the PN having control over the Executive branch. Bear in mind, and I would like to emphasize and stress on this vital point:
The government is made up of three branches viz. the Judiciary (Courts), the Legislative (Parliament) and the Executive (Cabinet).
Hence, the PN is not a back-door government because they are not the government per se (as explained above) but merely a component of the government of Malaysia.
For a government to operate effectively and efficiently, with proper checks and balances, all three branches must be able to operate fully.
Let me put it this way, the government is the whole of a body, a person. For the whole body to operate effectively and efficiently, the Brain (Judiciary/Courts), the Heart (Legislative/Parliament) and the Limbs (Executive/Cabinet) must be able to operate fully and undeterred.
Thus, the Parliament being one of the components of the government, must be able to re-operate save in accordance for a vote of no-confidence because it is not the right moment for an election given the Covid-19 pandemic.
So now my suggestion is, the PN (Cabinet/Executive), the PH (Parliament/Legislative), and the People’s Courts, must work hand-in-hand in such an unprecedented situation in carrying out the affairs of the Country, and it is my opinion that if all the branches could get on with their duties and obligations in respect of the Federal Constitution and without fettering the operation of other branches, the Government would be able to perform far more better than its predecessors.
Given if there is no threat of vote of no confidence, and the Parliament is able to operate fully, the Executive will face higher scrutiny from the Parliament. And to pass any laws in the Parliament, the Executive/PN needs the support from the Parliament which PH has control over. Besides, the PH having control of the Dewan Rakyat could pass laws to restrict the operation of the PN/Executive. However, any decisions taken must surely be done in good faith with the people’s interest in mind as that is what the government should do viz. to run the country in respect of the Federal Constitution and for the best interest of the people.
If only if PN and PH can come to a consensus and work through the novel political situation, everything would be better without the uncertainties we are currently experiencing.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
