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Saturday, October 17, 2020

The Agong Cannot Remove The Prime Minister

 

Jae Senn

Anwar oh Anwar.

Trying to trigger a Constitutional Crisis and force us to go into Martial Law? YDP Agong has no Constitutional power to dismiss a sitting Prime Minister or to dissolve a Ministerial Cabinet. Under Articles 40 and 43 of our Federal Constitution, the YDP Agong can only appoint the Prime Minister and even so, as per Article 40(1), it’s upon the advice of the “Cabinet or of a Minister acting under the general authority of the Cabinet”.

A shift in support away from the sitting Prime Minister has to be established in the Dewan Rakyat either through a direct vote of no-confidence, or indirectly in the form of an important vote e.g. Budget 2021.

If Anwar claims that he now commands the majority support, the YDP Agong will still have to request for this to be established in Parliament. So, he’ll have to wait for the next Parliamentary sitting. If, during the Parliamentary sitting, it’s proven that a majority of MPs voted against Muhyiddin in a no-confidence motion, then Muhyiddin will have to seek an audience with the YDP Agong.

Muhyiddin will have the discretion to dissolve the Cabinet and call for fresh elections. It’s entirely up to the sitting Prime Minister to decide.

So, I’m honestly not sure who’s less-intelligent. Anwar, for not understanding the process to take over as Prime Minister; or those who are in the same boat as him, who either do not know the process, or who are intent on destabilizing the country further with a Constitutional Crisis.

No wonder there are so many rumors of “Mageran” of late. Anyone would be fed up with these politicians and would want the Federal Government to remain as-is for the next 2 years until it’s time for the 15th General Elections.

If the politicians can’t promise us this, then we’d be counting on our Yang di-Pertuan Agong to declare a state of Emergency and suspend Parliament for 2 years., putting an end to all these useless politicking until it’s time again for Malaysians to give a fresh mandate to a new administration.

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