‘Caretaker PM’ doesn’t exist in Federal Constitution, says lawyer

 

Majority control of the Dewan Rakyat has become the paramount issue following the Nov 19 general election. (Bernama pic)

PETALING JAYA: A constitutional expert has dismissed the notion that a caretaker prime minister can be appointed as none of the main coalitions won a majority of seats in the general election.

Philip Koh, an adjunct professor at Universiti Malaya, said the Federal Constitution does not have such a provision.

“The term ‘caretaker’ is appended to describe the chief executive of the Cabinet, for example the holder of the office after Parliament is dissolved until a new person who commands the majority is appointed as prime minister,” he told FMT.

“Adjectives like ‘interim’ and ‘caretaker’ are not found in the Federal Constitution.”

Philip Koh.

He was responding to a call by veteran journalist Terence Netto that a caretaker prime minister be appointed.

Koh noted that the Yang di-Pertuan Agong would choose an MP likely to command the confidence of the Dewan Rakyat when it convenes.

“This means His Majesty has a constitutional discretion to make an objective evaluation,” he said.

However, the problem with the Federal Constitution is that it does not provide any guidance for such discretion, he said.

Hence, there is now a debate between proponents of the Westminster model, which the country’s parliamentary system is based on, and those who argue the nation’s constitution has no such constraints by way of conventions.

So when it comes to appointing an MP with the most support, the problem is, “how do we ascertain support”, Koh said.

“The appointed prime minister must swiftly be subject to a vote of confidence in the Dewan Rakyat. That will resolve the impasse.”

In Saturday’s general election, no coalition secured enough seats for a majority in the Dewan Rakyat. Pakatan Harapan won 82 seats, Perikatan Nasional 73, Barisan Nasional 30, Gabungan Parti Sarawak 23, Gabungan Rakyat Sabah six, Warisan three and Parti Bangsa Malaysia one. Two independents were also elected.

The chairmen of PH and PN have both claimed enough support for a majority, and PN chairman Muhyiddin Yassin has previously ruled out any alliance with PH. - FMT