Appointment of the Prime Minister in Malaysia

For the 6th time, Malaysia sees the appointment of a new Prime Minister.

The power to appoint a Prime Minister, lies with the Yang Di-Pertuan Agung. Under Article 43(2) sub (1) of the Federal Constitution, the King shall appoint a Prime Minister to preside over the Cabinet, chosen from among the member of Dewan Rakyat, if, in the King's judgment, this particular person commands the confidence of the majority of the Dewan Rakyat.

Under Article 42 (4) of the Federal Constitution, the Prime Minister would have to resign, if the Prime Minister ceases to command that confidence from the majority.

Theoretically, the King may not want to appoint Dato Seri Najib as Prime Minister if His Highness chose so, as Article 40 (2) of the Federal Constitution, gives the King the discretion to (among other discretions His Highness has, as stated in the Federal Constitution) :-

a. appoint a Prime Minister;

b. withhold consent to the request to dissolve Parliament

However in Constitutional Law, the King is discouraged to exercise those discretions, as the Convention of the Constitution would expect the King to follow the voice of the people, and if the majority of the people support a particular person, then that person may be appointed Prime Minister.

What is a convention, you may ask? 'Convention' in Constitutional Law is not the convention you attend at convention centres or hotels. The phrase 'Convention' in Constitutional Law relates to certain conducts, expected of certain person in certain position.

For example, the Convention of Ministerial Responsibility, that a Minister resigns if he/she has conducted him/her self to a point; deemed unbecoming of a Minister. If the Minister is actingout of line, the Constitutional Convention expects him or her to resign. This would protect the sanctity of the Parliament that only good and upright people remain in Government. That is the purppose of that Convention.

Or the Convention that a King would usually consent to a Parliamentary Bill, which passed through the Dewan Rakyat and Dewan Negara. Why, you may ask? Well the King should not withhold the consent for a Bill, passed by democratically elected people, as the King is not elected.

There are many other interesting Conventions in Constitutional Law. Perhaps we may blog about other Conventions in the future.