Who can dissolve Parliament - Agong, PM or the cabinet?

With all attention focused on Prime Minister Ismail Sabri Yaakob now as the man who calls the shots on the dissolution of Parliament, the general assumption is that he has the prerogative to do so. But has he? Or is such power vested with the Agong or the cabinet as some have suggested?

I will attempt to resolve this issue based on the Federal Constitution.

First, take a look at the Agong’s power in relation to the dissolution of Parliament.

Article 55 (2) of the Federal Constitution states: “The Yang di-Pertuan Agong may prologue or dissolve Parliament”.

Does that mean the Agong has the power to decide when to dissolve Parliament?

The answer is no. As this is but one of the many ceremonial functions performed by the Agong prescribed in the Federal Constitution. In fact, all such functions by the Agong mentioned in the Constitution fall into this category except those few prescribed in Article 40 (2) where the Agong is given the discretion to act as he thinks fit.

Such an arrangement is of course fitting in a constitutional monarchy adopted by Malaysia where the power to rule is vested with the elected government and not the monarch.

PM or cabinet?

Then, between the prime minister and the cabinet, which entity is empowered to make this decision?

The answer is the cabinet. This is because in our system of parliamentary democracy, the ruling power of the government is exercised by the cabinet and not the prime minister.

This principle is unequivocally inferred from Article 40 (1) of the Constitution, which I quote:

“In the exercise of his functions under the Constitution or federal law, the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except as otherwise provided by the Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.”

We take note from this clause that it is the cabinet, and not the prime minister, who decides what and when to advise the Agong to execute the decisions. And when the prime minister does advise the Agong to dissolve Parliament one day in the future, he is deemed to be doing so “under the general authority of the cabinet” as emphasised under this Constitution.

And this means that cabinet approval is mandatory before the prime minister advises the Agong to dissolve Parliament.

In fact, this principle of collective leadership exercisable by the cabinet is given further confirmation in Article 43 (3), which states:

“The Cabinet shall be collectively responsible to Parliament.”

Under our triangular system of democratic governance where the legislature (Parliament), executive (government) and judiciary function independently to provide check and balance to each other, Parliament’s identification of the cabinet as the entity representing the executive is a powerful endorsement of the cabinet, and not the prime minister, as the ultimate authority of the executive.

It would hence be unthinkable and indeed constitutionally unacceptable that the prime minister should dissolve Parliament without the knowledge or against the wishes of the cabinet.

Agong’s consent

But is the cabinet the final authority on Parliament dissolution?

The answer is no. As the Agong possesses the veto power against a request to dissolve Parliament, as prescribed in Article 40 (2) (b), which states:

“The Yang di-Pertuan Agone may act in his discretion in the performance of the following functions, that is to say –

(a) …

(b) the withholding of consent to a request for the dissolution of Parliament.

(c) …

and in any other case mentioned in the Constitution.”

Hence, while the Agong cannot dissolve Parliament as he wishes, he can certainly object to the time of dissolution chosen by the cabinet.

It is obvious that in providing this prerogative to the Agong, the writers of our Constitution wished to build another layer of check and balance to protect the interests of the nation.

In conclusion, it is the cabinet, and not the prime minister, who decides when to dissolve Parliament, subject to the consent of the Agong. - Mkini

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KIM QUEK is the author of the banned book ‘The March to Putrajaya’, and bestseller ‘Where to, Malaysia?’.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.