Floor test on PM’s legitimacy no snub to King, says lawyer

 

Constitutional lawyer Bastian Pius Vendargon says the vote of confidence held last Monday was the proper method for ascertaining the legitimacy of Anwar Ibrahim’s government. (Bernama pic)

PETALING JAYA: A floor test to determine whether the prime minister commands the confidence of Dewan Rakyat members is not a snub to the Yang di-Pertuan Agong who appointed him, a constitutional lawyer says.

Bastian Pius Vendargon says the King’s role is clearly spelt out under Article 43(2)(a) of the Federal Constitution.

That provision states that the King appoints a prime minister who in his judgment is likely to command the confidence of the majority of members of the Dewan Rakyat.

“This is not a fully proven system nor one which is done with mathematical precision,” he told FMT.

Therefore, following the Westminster convention, the appointed prime minister should subject himself to a confidence vote or floor test in the legislature.

Similarly, Bastian said, there is nothing to stop the opposition or any elected MP from bringing a motion of no-confidence in the prime minister.

The senior lawyer said this in response to Arau MP Shahidan Kassim’s citing of Standing Order 36(7), when contending that there was no reason for Anwar to test his majority in the house.

“The standing order states that we cannot use the Yang di-Pertuan Agong’s or the Malay rulers’ names to influence Parliament sessions.

“Since he (Anwar) has received the consent of the King (to be prime minister), just be the prime minister. Why do we need to do this?” he asked in the Dewan Rakyat last Monday.

Anwar, the chairman of Pakatan Harapan which won 81 seats in the 15th general election last month, was appointed the 10th prime minister on Nov 24 and had cobbled a unity government with Barisan Nasional as well as coalitions and regional parties from Sabah and Sarawak.

He won via a voice vote, with the opposition opting not to call for a bloc vote which would have required balloting.

Bastian said the proceedings in the lower house had caused confusion to the rakyat as to the correct constitutional principles, parameters of power of the various institutions, and constitutional mechanism for appointing a prime minister.

“Any test of confidence from the floor can be done without being labelled as an affront to the King who appointed him,” he said.

He said that while Malaysia has a constitutional monarch, the government is elected by the people and for the people.

“The role of the Dewan Rakyat is therefore crucial. It puts an end to questions about the legitimacy of the prime minister’s government by means of a floor test,” he said. - FMT