How a new government is formed
In a recent interview I was quoted as saying that the Yang di-Pertuan Agong could appoint someone other than the man nominated by the party. The fact that this was reported as “news” shows how far we as a country have drifted from the principles set out in our Constitution.
Let us understand very clearly the transitional situation we are in.
- The incumbent Prime Minister is about to resign as he has solemnly promised to by the end of this month.
- On the appointed day (which like so many things in this administration remains a mystery) the Prime Minister will tender his resignation and that of his cabinet to the Yang di-Pertuan Agong. With this the government of the day comes to an end.
- The Yang di-Pertuan Agong will appoint the next Prime Minister at his sole discretion from among the members of the elected lower house of Parliament, the Dewan Rakyat. His Majesty’s choice is guided by his own judgment of who among the members “commands the confidence” of a majority the members of parliament.
- The new Prime Minister will name his cabinet and form the next government.
- The Agong’s choice may at any time be tested by a vote of confidence in the Dewan Rakyat. If the Prime Minister is rejected by the Dewan, the King will have to re-appoint another person.
As there has been much confusion on this point let me re-state it:
The Yang Dipertuan Agong has sole and absolute discretion in how he forms his judgment as to who in the Dewan Rakyat commands the confidence of the majority. The choice is his alone.
The choice is absolute but not arbitrary, since it is guided by the Constitution. The right is the Agong’s alone, but it can any time afterwards be tested by the Dewan Rakyat.
This system is democratic in that it provides for the Dewan Rakyat and the Ruler to check and balance each other’s powers in an orderly manner. The participants in this process are the Ruler and the individual members of parliament. Within the Dewan Rakyat, each member is accountable to his constituents as an individual. Political parties do not enter this description. The Agong’s concern is solely for the rakyat. In his formal capacity, His Majesty sees each member of the House only as representing his subjects in a particular constituency. This is why MP’s are referred to only by the constituencies they represent. Their party affiliation is no consideration at all.
Let me draw on some implications of this understanding of how our governments are formed.
- Whatever undertakings the present prime minister has made with his deputy or with his party about his successor are external to the constitutional process. To think otherwise is to imagine that the prime ministership is a private property to be passed on from one potentate to another at whim. The behaviour of some leaders might have conveyed this unfortunate impression, and caused the public to find the party arrogant and out of touch.
- The fact that the President of UMNO has also been appointed as Prime Minister is only a convention, as Tun Dr Mahathir, Tan Sri Muhyiddin Yassin and Datuk Seri Nazri Aziz have asserted recently. This convention was based on the assumption of Umno’s absolute dominance of Parliament. That condition no longer holds.
- Statements in the media that it is the right of Umno and BN to dictate to the Yang Dipertuan Agong who should be Prime Minister deny the constitutional right of the Yang Dipertuan Agong, and deprive him of perhaps the most important of his few discretionary powers. Such statements turn the Agong’s role into a rubber stamp for the decisions of a political party. I am waiting for Umno to strongly denounce such statements, especially as we have recently rediscovered our concern for the rights of the Rulers.
Over the last quarter century, the rulers, like the legislature, the judiciary, the police, the universities and all our major public institutions, have had their powers systematically curtailed and their immunities removed to make way for unruly executive power. In the process, fundamental principles such as the separation of powers have been ignored. Umno itself has not been spared this process as it has become autocratic and top-down to the dismay of millions of ordinary members.
Over time the rakyat have been so conditioned to the abuse of executive power that many have forgotten that the government is more than the prime minister and his cabinet. Many have forgotten how a properly functioning government works and what the rule of law looks like. Perhaps this is why it is news to some that the Yang di-Pertuan Agong has an independent role to play, just as the judiciary and the legislature do.
Malaysia has fallen into a spiral of institutional and economic decline. If we are to save this country from long term and increasingly tragic deterioration, the next government appointed by the Yang di-pertuan Agong must not only be fully committed to restoring the Legislature, the Judiciary and the Rulers to their proper dignity and independence, it must be seen by the Malaysian public to be capable of doing so.
In Parliament, all MPs are not being addressed by their own name. Instead, they are all addressed as their constituency name. I believe there are reasons for that:
1. Constituency doesn’t change its name, but its MP always change over the years.
2. To remind the MP that they are representing their constituency and not their coalition or party.
Sadly, after getting our votes to be a MP in Parliament, most MPs forget that they are representing the people in the constituency as their voice in Parliament. Once in Parliament, they never remember themselves as wakil rakyat but as wakil party as RPK rightly puts it in one of his recent article.
If there are at least 112 MPs who really act behalf on rakyat instead of their party and coalition in the Parliament, voicing out the rakyat’s wish to support a new Prime Minister over the resignation of Pak Lah coming this April and to break the tradition of accepting blindly the incoming UMNO President as the PM, I believe a unity government will be born automatically by then. This will result in the Parliament splitting into 2 sides, MPs who represent the rakyat as the ruling coalition and the MPs who still think they represent their party as the opposition coalition.
In terms of viewing it from political parties, this unity government of course will be a mixture of all different political parties, UMNO, MCA, MIC, PAS, DAP, PKR, SAPP, PPP (and so on). This unity government will be beyond what the spin doctors of the MSM trying to preceive to the public as a government created by the cooperation between PAS and UMNO. But in these tiring situation, I truly believe that this unity government which is formed by MPs who stand on rakyat side certainly is the best way forward to heal our country illness.
timmysay
March 23, 2009 at 9:56 am
“I am waiting for Umno to strongly denounce such statements, especially as we have recently rediscovered our concern for the rights of the Rulers.”
Ha! Ha!, I am also waiting.
If the Rulers do not do UMNO’s biddings, all hell will break loose and just watch how Utusan Malaysia goes to town with the “hak rakyat, kehendak rakyat” cry.
Do not be surprised if they demonize the Rulers again as they did before in 1983/93 and again last year in Terengganu.
I am afraid the King may hesitate to exercise his constitutional right just to avoid evoking UMNO’s amok-like tendencies.
I would also prefer the Rulers to exercise some right in the functioning of PDRM, MACC, EC, AG and the Judiciary.
All these institutions are presently UMNO’s robotic toys to blatantly abuse the constitution and rule of law to ensure its own survival. UMNO’s stranglehold of these insitutions is TOTAL.
If these institutions fail, does it matter who becomes the PM? What is Malaysia without Democracy?
On a another note, do you realize what the Perak Sultan’s decision has done to this country – the anger among the people, the court cases against bloggers and Karpal. The histrionics of the Ipoh HC judge, the intimidation of the Speaker by the police and MACC, locking up the State Legislature, the “economic instability” in Perak and by extension the country.
It’s time the Rulers stand up for the PEOPLE!!!!
perakborn
March 23, 2009 at 12:53 pm
Dear YBM,
How will the Agong form his opinion independently?
Will he be brave enough to differ from what UMNO wants him to do?
Will the will of the Rakyat prevail? Or will it be hijacked along the way to serve certain vested self interest of key players?
Under the circumstances, I trust none.
Raja Chulan
rajachulan
March 23, 2009 at 12:58 pm
Representation of the rakyat in the form of MPs will never work if the party whip system is still in place. With a party whip where party members are obliged to follow the top-down decision dictated to them by the respective party/alliance head, any vote of no-confidence will just represent the decision of the party possessing the majority share of MPs in parliament. It will be pointless for the respective MPs to seek the views of his constituency as he is not free to make any decision. As it is, BN has an explicit policy where MPs who do not toe the party line are subject to disciplinary action and that practically defeats the entire check and balance system outlined in this article.
Some points of reference here: http://en.wikipedia.org/wiki/Chief_Whip_(Malaysia)
feicipet
March 23, 2009 at 1:29 pm
I need to add on that this form of party whip is a bad thing whether enforced by BN or any other party. I believe even the opposition party has a similar position and I am against that as well. As an MP, you represent your constituents, and that is all.
feicipet
March 23, 2009 at 1:46 pm
Tengku,
You once showed courage to challenged for the leadership of the Nation. Time is slipping by and the key turning point for the change in the political landscape of the Nation may soon be missed and ALL RAKYAT will be subject to the drakonian rule of a disguised police state.
As you have the experience to select the coalition government, may I plead with Tengku to seriously consider to offer yourself to lead the next government as you had offered yourself for the position of President of UMNO (which is to be the next PM).
The situation and feeling among the Raykat is becoming increasingly desperate. Let it not be like the last days before the Russian Revolution.
“Negaraku tanah tumpahnya darah ku”
born1957
March 24, 2009 at 1:02 am
feicipet, thank you for your note on the whip. Even without going into the question of the advisability of a party whip system as a whole, it might be possible to argue that such a fundamental choice as the choice of leader must be excluded from the whip. The MP is exercising a constitutional right as an individual in the house. . I agree with your view that the MP’s primary responsibility is to his constituents. His responsibility to his party is not a matter the Constitution or the Assembly takes cognizance of. i don’t know. I am not a lawyer. I appreciate your having taken the time to think about this issue.
razaleighhamzah
March 24, 2009 at 2:16 am
Wow this was very helpful and useful. Its a very nice article. Keep us informed!!
marketingsecrets101
March 24, 2009 at 7:00 am
Very well written and thus easy to understand and believe. Of course it remains an interpretation and as someone who have never read the constitution (not that I will understand it if I do) I am not in the position to comment from the legal point of view.
That will not stop me from commenting from a layman’s point of view.
Appointment of Malaysian Prime Minister should be guided by our constitution and not convention or tradition, especially the tradition of a political party.
Any political party could appoint their ultimate leader according to their whims and fancies as they decide only for their party. Yes, if the political party is a prominent one, their choice of leaders will eventually affect Malaysia as a whole but as an outsider, we have no right to impose our values on their political party.
Appointment of a Prime Minister should not be the same as appointing a party leader. When a political party leaders are only answerable to their party members, the Prime Minister is responsible for the overall well being of Malaysia. It is not fair to allow the whims and fancies of one political party to cause misery to the whole nation.
Even if appointment of our next PM go as planned by UMNO and it’s leaders, let us observe that it is done according to the constitution and not the UMNO tradition.
najibmilatu
March 24, 2009 at 11:56 am
YBM,
Sad ta say that its hard to keep legislature, judiciary and rulers remain independent and seperated as the power of money tends to bond them together as history seems to tell.
abunawas60
March 25, 2009 at 8:30 am
For all intents and purposes the above comments makes sense. However the reality is that humans act more out of tradition then by design. It is not that the WHIP system is good or bad, and is about the way politicians are formed.
In the first place,remuneration of MPs and ADUNs does not attract the best brains to be party members. Secondly, because most Malaysian Politicians are ‘accidental politicians’ this compounds the problem.
Thirdly, the quality of ‘wannebe’ politicians prevents political parties to set higher standards in selection, orientation and training. For a serious business like Parliament representation and being co-managers of the country, we need to upgrade the entry level for would-be politicians aspiring to be wakil-wakil rakyat. At the same time the remuneration for MPs, ADUNs, PBT Councilors should reflect the cost of living. Current wages/allowances for these elected representive promotes corruption, as everyone knows you cannot be effective based on the present remuneration.
We need to set up at University Level, courses for aspiring politicians, politicians support staff and representatives for the rakyat at all levels – MPs, ADUNs, State Exco members, PBT Councilors and their staff such as PA, Political Secretaries, Chief of Staff.
We cannot talk of wanting to be globally competitive, without addressing the foundations of the political processes and political manpower. Political Education, Issues and Concerns like Globalisation, National Economy, Urban & Rural Poverty, Human Capital Development, Environmental, Human Rights and Social Issues are critical knowledge for those effecting the governing process.
Until these areas are address, all that’s happening are window-dressing and will not get us out of our doldrums. The lack of the above is being manifested by what we see happening throughout the nation.
Being an optimist, I believe the various political parties are already recognizing the need to increase the benchmarks for political education and selection of candidates for representation to Parliament and State Assembly. I am hopeful
aloysiusfpinto@gmail.com
malaysianagenda
March 26, 2009 at 7:49 pm
Assalamualaikum Ku,
Based on your explanation, it is solely Agong authority to choose any MP to be next PM.
Let say he dont pick Najib but pick Anwar. Then BN would disagree and perhaps chose to have a motion of no confidence. Let say that 30 MPs that Anwar used to say support Anwar then the PR would take over the country with Agong’s help.
http://nmjnh.wordpress.com/2009/03/24/umno-lantik-penderhaka-jadi-pemimpin/
nikmj
March 31, 2009 at 3:26 pm
Whats perhaps not considered in the much debated topic of Najib Razak’s suitability to act as Prime Minister of Malaysia is the question of justice and fairness.
It is rich for anyone especially in your position to comment adversely on the issue of the murder of an individual under such controversial circumstances attributing suspicion on Najib Razak, without the benefit of proof. And to suggest that the king of Malaysia or the party (UMNO) should act to deny the man his ascendency to that position of Prime Minister based on unsubstantiated rumours about his links to the murder of an individual is nothing short of a political character assassination.
Whilst proceedings are afoot in court on the matter of the murder of the Mongolian woman, it is appropriate that commentary as inflammatory and unsubstantiated especially from the bar and high office holders such yourself be tempered if not altogether restrained.
Instead you too appear to be taking that morally high ground of being judge, jury and executioner all in one hit, defaming not just Najib Razak but also the office which he holds. In the process you reduce the power and authority of the courts to impotency undermining its constitutinal authorrity to act imparitally and forensically detatched in determining who killed the Mongolian woman.
Where is there a justifiable precedent in recent times that we could refer to, where a person in a common law jurisdiction has been removed from office, or prevented from taking office on the basis of unsusbstantiated rumours of the kind facing Najib Razak?
In any event, it is startling to say the least that none of Najib Razak’s accusers have provided evidence sufficient to establish proof to the requirements of the criminal standard sufficient to establish not simply guilt but a reasonable suspicion of the accused having commited a triable offence of the nature he is accused of by innuendo and gossip.
The acquittal of the political secretary of Najib Razak is in itself an indication of why sensationalism, politicially motivated at that, should have no place in establishing guilt or innocence of anyone anywhere.
The question that begs an answer is why is there so much of a chorus from the opposition seeking to villify Najib Razak when they have yet failed to provide a scintilla of admissiable evidence sufficient to lead to a convictin against any or all of the charges they level at him.
It is an indictment on the legal profession and the quality of the opposition in Malaysia and their media apologists, that a matter considered so convincingly clear to them is not founded on any admissible evidence to facilitate what they want. His scalp and his the removal from office or the laying of charges against Najib Razak.
The Malaysian bar should know more than anyone else that through encouraging the dissemination of information ( or disinformation) against Najib Razak they may well be setting up grounds for aborting any trial against him (as they so convince themselves on charges they and their members appear to believe he is guilty of).
As to his slience, I would suggest that Najib Razak has thus far been the recipient of the best possible legal advice.
Silence is not a privilege in such circumstances but a right. It is for the accuser to establish and proove every element of his claim. So far no takers.
If there is proof, then surely Malaysia is not the only forum a man in Najib’s position can be charged on such a heinous crime. The victim was Mongolian and not Malaysian. Her family or legal representatives could well lay charges outside of Malaysia and have an international warrant issued for his arrest and trial served on him as soon as he is outside Malaysian soil.
It is yet to be seen how many of the committed Malaysian lawyers who readily comment on this issue without acting on it will bee ready to “Bell tthe Cat”.
Gopal Raj Kumar
grkumar
April 6, 2009 at 7:51 am