King can only dissolve Parliament on advice of PM, says Gopal Sri Ram

PETALING JAYA: The Yang di-Pertuan Agong can only dissolve Parliament on the advice of the Prime Minister, says senior lawyer Gopal Sri Ram (pic).

He added that those advising him to do otherwise would be going against the Federal Constitution.

“It is out in the open that there are people attempting to advise His Majesty that the King has the power to dissolve Parliament without the advice of the Prime Minister.

“Let me say at once that this is unconstitutional and that the only person that has the power to advise His Majesty is the Prime Minister and no one else.

“If anyone attempts to give such advice, they will be acting against the Constitution and can be charged for abetment of a crime under the Penal Code’s anti-democracy provisions.

“This is because their actions would be contrary to democracy, ” Sri Ram told The Star on Wednesday (Feb 26).

He was commenting on the recent political upheaval that led to Tun Dr Mahathir Mohamad resigning as Prime Minister on Monday (Feb 24).

The King then immediately re-appointed Dr Mahathir as interim Prime Minister while His Majesty interviews the 222 MPs on who would be their choice for the next premier.

Ninety MPs from various parties were interviewed on Tuesday (Feb 25), and more will be interviewed today.

Sri Ram also noted that the King is bound by the Constitution and acts as a constitutional monarch.

Article 43 (2)(a) of the Federal Constitution states that the Yang di-Pertuan Agong will appoint a Prime Minister who in his judgment is likely to command the confidence of the majority of the members of the Dewan Rakyat.

This effectively means that anyone who wishes to become prime minister must be able to convince the King that he or she has the support of the majority of lawmakers, which means at least 112 members from the 222-seat Dewan Rakyat.

That person who is appointed by the King, in return, has the power to advise the King before the King can decide on dissolving Parliament, said Sri Ram.