Commanding The Confidence Of Dewan Rakyat

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From Puthan Perumal
Article 43(2)(a) of the Federal Constitution states: The Yang di-Pertuan Agong shall first appoint as 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 King to choose a member “who in fact commands the confidence” of the majority.
If Pakatan Harapan had 112 or more seats, then most likely its chairman is likely to command the confidence of the majority of the Dewan Rakyat. Same goes for Perikatan Nasional.
Today, the King had summoned the leader of PH and PN. PH has 82 seats in the Dewan Rakyat. PN has 73 seats.
The Federal Constitution does not require the King to sort out the government of the day. It merely requires the King to choose a prime minister.
If the King is of the opinion that the leader of PH is “likely” to command the confidence of the majority, then the King may choose the leader of PH as the prime minister.
Conversely, if the King is of the opinion that the leader of PN is “likely” to command the confidence of the majority, then the King may choose the leader of PN as the prime minister.
Obviously the King 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 King 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 King (on the advice of the prime minister) shall summon Parliament.
Should there be any issue or a doubt about 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 stay 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. - FMT
Puthan Perumal is an advocate and solicitor.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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