PETALING JAYA: The prime minister has the authority to decide whether to seek an audience and obtain consent from the Yang di-Pertuan Agong to dissolve the Dewan Rakyat, a retired judge said.
Gopal Sri Ram said Article 43 of the Federal Constitution gives such authority to the prime minister, who is the head of the executive branch.
“It is the prime minister who makes the final decision to seek an audience and request the King to dissolve the House,” he told FMT.
The former Federal Court judge said this in response to Pasir Salak MP Tajuddin Abdul Rahman’s statement yesterday that it is up to the Cabinet to decide when Parliament can be dissolved.
Tajuddin, the ambassador-designate to Indonesia, said yesterday that only the Cabinet could decide when to dissolve Parliament with the consent of the King.
Sri Ram said in practice, the prime minister could consult the Cabinet.
“If the Cabinet advises that it is not in the national interest to dissolve the Dewan Rakyat, then the prime minister will be guided by that advice.
“Even if the Cabinet advises him in favour of a dissolution, it is up to the prime minister to disagree because the Constitution vests such power only in him,” he said.
He said that under Article 43 (2) (a), the King appoints a prime minister among the elected MPs who in his judgment is likely to command the confidence of the majority.
Under Article 43 (4), it is the prime minister who should seek the dissolution to call an election if he no longer commands the support of the majority.
In this case, Sri Ram said, the prime minister must resign if such a request did not obtain the King’s consent.
He said it is the prime minister who is solely empowered to seek an audience with the King to dissolve the House even before expiry of the five-year term of the legislature. - FMT
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