NOVEMBER 22 — Article 43(2)(a) of the Federal Constitution states:-
(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.
The words ‘who in his judgment is likely to command the confidence of the majority of the members’ are important.
It does not require the YDPA to choose a member ‘who in fact commands the confidence’.
If Pakatan Harapan had 112 or more seats, then most likely the leader of Pakatan Harapan is likely to to command the confidence of the majority of the Dewan Rakyat. Same goes for Perikatan Nasional.
Today, the YDPA had summoned the leader of Pakatan Harapan and Perikatan Nasional. Pakatan Harapan has 82 seats in the Dewan Rakyat. Perikatan Nasional has 73 seats.
The Federal Constitution does not require the YDPA to sort out the government of the day. It merely requires the YDPA to choose a Prime Minister.
If the YDPA, in his judgment is of the opinion that the leader of Pakatan Harapan is ‘likely’ to command the confidence of the majority, then the YDPA may choose the leader of Pakatan Harapan as the Prime Minister.
Conversely, If the YDPA, in his judgment is of the opinion that the leader of Perikatan Nasional is ‘likely’ to command the confidence of the majority, then the YDPA may choose the leader of Perikatan Nasional as the Prime Minister.
Obviously the YDPA has to choose one. Perhaps the best guidance would be to go by the higher number of seats in the Dewan Rakyat.
Once the decision is made, the Prime Minister can start choosing his Ministers and advise the YDPA to appoint the same pursuant to Article 43(2)(b) of the Federal Constitution.
Then, pursuant to Article 55(1) of the Federal Constitution the YDPA (on the advice of the Prime Minister) shall summon Parliament.
Should there be any issue of a doubt of the confidence enjoyed by the Prime Minister, then, as contemplated by Article 43(4) of the Federal Constitution, a motion of no confidence may be put forward, and that motion should be the first order of business, after the election of the Speaker of course.
If the motion fails, then the Prime Minister and his Cabinet stays on.
If it is passed, then the Prime Minister must resign together with his Cabinet and the Prime Minister will repeat the process under Article 43(2)(a) again.
I stand corrected.
Puthan Perumal (Advocate & Solicitor)
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.
