KUALA LUMPUR: Legal experts said among the options for the king to resolve the country's leadership crisis would depend on caretaker prime minister Tan Sri Muhyiddin Yassin offering the appropriate advice.
The Federal Constitution states that the Yang di-Pertuan Agong could either choose a new prime minister who can prove his majority in the Dewan Rakyat or dissolve Parliament to pave the way for a general election. However, a statement by Istana Negara yesterday said the king was of the opinion that holding an election while Covid-19 infections were rising was not the best option.
Experts the New Straits Times spoke to offered two alternatives for the king to resolve the crisis.
For the first option, International Islamic University Malaysia legal adviser Professor Dr Nik Ahmad Kamal Nik Mahmod said the king could ask Muhyiddin to advise him to call for a Dewan Rakyat session.
"In the context of the executive (set out) in the Federal Constitution ... we are looking at a situation where the government no longer exists but the king is still there and he is still a member of the executive.
"So, theoretically, the Yang di-Pertuan Agong is in charge of the government. Since that is the case, the king will need somebody to assist him, which is why a caretaker prime minister is appointed, to take care of the government's machinery.
"The king can ask the caretaker prime minister to advise him to reconvene Parliament. But for that to happen, the advice must still come from the prime minister. So, it will be up to the current caretaker prime minister to advise the Yang di-Pertuan Agong on when to call for a Parliament sitting, since it is unclear if the (scheduled) September session is still on," he said.
During the Dewan Rakyat sitting, Nik Ahmad said a motion of confidence could be tabled to determine which member of parliament had a majority.
Nik Ahmad said, however, the king would need to consider not just the support a potential prime minister had but also his competence as a leader.
For the second option, lawyer Mohamed Haniff Khatri Abdulla said the monarch could ask Muhyiddin to advise him to declare a state of emergency and get an advisory council to temporarily run the country.
He said members of the council should be appointed by the king and that they should not be affiliated with any political party during and after the council was in effect.
Haniff said while the council was running the country, Parliament should convene so that MPs could debate, propose ideas and question the council's decisions.
"Two strict conditions must be imposed for the members of the council, which are: they cannot be members of any parties and they must not join any political parties or offer themselves for any government position after the council is disbanded, to ensure their sincerity.
"Right now, the public has trust issues with politicians, so we can't allow the advisory members to be seen as the same as the politicians.
"The public wants a solution. The people don't want another 'trial and error', so the most honourable thing Muhyiddin can do now is to advise the king to declare a political emergency and then let the king decide what's the best way forward." - NST
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