Constitution must be followed even in times of crisis

THE Malaysian Bar Council is perturbed by the political turmoil and constitutional gridlock the country is facing. Pursuant to Article 43(2) of the Federal Constitution, the King shall appoint as prime minister ... a member of the Dewan Rakyat who, in His Majesty’s judgement, is “likely to command the confidence of the majority of the members of that House”. The question that arises now is how a lack of confidence is to be measured and expressed.

One of the primary options is by voting on the Dewan’s floor. While the Speaker of the House decides on the order of business, a motion of no confidence filed by members of Parliament, under Standing Orders 26 and 27 after 14 days of notice, ought to be given priority by virtue of convention. Such a motion is implicit to Article 43(4) of the Constitution, which provides for a situation if and when a prime minister ceases to command the confidence of the majority of the House.