What to expect when no-confidence motion against PM is tabled

The speaker of the Dewan Rakyat has accepted a motion by Dr Mahathir Mohamad, member of Parliament for Langkawi, that the present prime minister does not command the confidence of the majority of the Dewan.

The speaker said he made this decision to be fair and just and to uphold the integrity of the Dewan and Parliament.

He is perfectly within his right to so decide.

What next?

The motion must be put (tabled) at the sitting of the Dewan. There will be a debate on the motion.

At the end of which, there will be a vote by members of Parliament present in the Dewan.

If the motion is carried, by a simple majority of those present and voting, then the prime minister must tender his resignation together with that of his cabinet.

The prime minister may also, instead of tendering his resignation, request the Yang di-Pertuan Agong to dissolve Parliament. The Agong is not obliged to agree to the request.

Recall that the then sitting menteri besar of Perak made this request to the then Sultan Azlan Shah of Perak in the Perak state assembly crisis. The request was not acceded to.

If the Agong agrees to the request to dissolve and the Dewan is accordingly dissolved, a general election must be held within 60 days of the dissolution.

The Agong may, as an alternative to dissolution, invite a member of Parliament to form the next government.

This person must be one who in the Agong’s judgment is likely to command the confidence of the majority of the members of the Dewan Rakyat.

This is in his subjective discretion. It is his judgment and based on whom he thinks is likely to have the majority confidence.

How the Agong decides who has this majority confidence depends on His Majesty.

He can invite members and interview them as to whom they support, as was done by the Agong recently when deciding on the appointment of the present prime minister.

But he need not do so by this method. His Majesty can choose any method he thinks most appropriate to decide who in his judgment is likely to have the confidence of the majority.

There is also the possibility that this issue of who has the confidence of the majority be decided by the Dewan on a fresh motion, if accepted to be tabled by the speaker.

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GURDIAL SINGH NIJAR is a former law professor at Universiti Malaya. - Mkini