How a new government is formed

ARCHIVES 2009

By adminK On Mar 23, 2009

I 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 restate 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.