The onus is on Muhyiddin Yassin to prove that he still commands a majority otherwise he has to inform the King that his bloc has collapsed, says lawyer. (Bernama pic)
PETALING JAYA: The nation will be heading towards a political and constitutional crisis if Prime Minister Muhyiddin Yassin fails to test his support in the Dewan Rakyat after losing the backing of Umno.
This is the view of two lawyers, constitutional expert Bastion Pius Vendargon and Rafique Rashid Ali.
According to them, Muhyiddin cannot ignore the decision announced by Umno president Ahmad Zahid Hamidi last night to pull out the party’s support for him as prime minister.
Vendargon said Muhyiddin may also need to call for an emergency sitting of Parliament to test his support. He added that Umno MPs did not have to sign statutory declarations on their support or rejection of Muhyiddin.
“It (the Umno announcement) stands. That is, unless Umno MPs state they do not agree with the announcement and are willing to disobey party orders,” he added.
Therefore, as of now, the only way forward was for Muhyiddin to hold an emergency parliamentary sitting to test his support.
“If he does not do that, the country will spiral towards a political and constitutional crisis,” he said.
Under Article 43 of the Federal Constitution, Vendargon explained, Muhyiddin would need to submit his resignation to the King if he no longer commanded a majority in Parliament, and advise the King to hold an election or appoint an interim prime minister.
Rafique agreed that Muhyiddin could not ignore the decision made by Umno to retract support as it might lead to a constitutional crisis at a time when the country faced a health and economic crisis.
Under Article 145 (2) of the Federal Constitution, Rafique said attorney-general Idrus Harun had a responsibility to advise the government and the King whenever a prime minister loses his majority.
“The responsibility to give sound advice is also on the shoulders of the AG,” he added.
Rafique noted that there were now 77 MPs with the government after Umno’s decision to withdraw its support.
According to Institut Darul Ehsan, the opposition now has 143 MPs – Umno (38), PKR (36), DAP (42), Amanah (11), Warisan (8), Pejuang and Muda (5), Parti Sarawak Bersatu (2) and UPKO (1).
Those with the government are Bersatu (32), PAS (18), Star (1), independent (3), MIC (1), MCA (2), PBRS (1), PBS (1), Gabungan Parti Sarawak (18).
According to Rafique, Muhyiddin was facing a similar situation as his predecessor Dr Mahathir Mohamad last year.
Mahathir had resorted to Article 43 (4) of the Constitution and tendered his resignation and the resignation of his entire Cabinet, Rafique said.
“Muhyiddin needs to inform his Majesty that his bloc has collapsed and to either dissolve the Parliament or prove that he still commands a majority,” he told FMT.
But, he said, Muhyiddin could also speak to individual MPs for support instead of party-based support which could see “the birth of a coalition that is based on the support of individual MPs”.
Muhyiddin could test his support through a motion of confidence in the House under rule 11 (3) of the Standing Order, said Rafique.
“He may do this immediately without having to wait till the scheduled July 26 sitting. Or he may take the middle ground and tender his resignation,” he said.
Another constitutional expert, Gurdial Singh, said that under Article 43 (4) it was obligatory for Muhyiddin to tender his resignation if there was evidence that he had lost the support of a majority of MPs.
“Once it becomes clear that Muhyiddin has lost his majority, then Article 43 (4) kicks in where the prime minister resigns,” he told FMT.
He said the King, under Article 43 (1) would normally call the next largest party to discuss who should be the new prime minister.
If no single party has a clear majority to run the government, Gurdial said the biggest party could seek an alliance to get the numbers.
Gurdial also said Muhyiddin could test his support through a motion of confidence in Parliament.
This is the view of two lawyers, constitutional expert Bastion Pius Vendargon and Rafique Rashid Ali.
According to them, Muhyiddin cannot ignore the decision announced by Umno president Ahmad Zahid Hamidi last night to pull out the party’s support for him as prime minister.
Vendargon said Muhyiddin may also need to call for an emergency sitting of Parliament to test his support. He added that Umno MPs did not have to sign statutory declarations on their support or rejection of Muhyiddin.
“It (the Umno announcement) stands. That is, unless Umno MPs state they do not agree with the announcement and are willing to disobey party orders,” he added.
Therefore, as of now, the only way forward was for Muhyiddin to hold an emergency parliamentary sitting to test his support.
“If he does not do that, the country will spiral towards a political and constitutional crisis,” he said.
Under Article 43 of the Federal Constitution, Vendargon explained, Muhyiddin would need to submit his resignation to the King if he no longer commanded a majority in Parliament, and advise the King to hold an election or appoint an interim prime minister.
Rafique agreed that Muhyiddin could not ignore the decision made by Umno to retract support as it might lead to a constitutional crisis at a time when the country faced a health and economic crisis.
Under Article 145 (2) of the Federal Constitution, Rafique said attorney-general Idrus Harun had a responsibility to advise the government and the King whenever a prime minister loses his majority.
“The responsibility to give sound advice is also on the shoulders of the AG,” he added.
Rafique noted that there were now 77 MPs with the government after Umno’s decision to withdraw its support.
According to Institut Darul Ehsan, the opposition now has 143 MPs – Umno (38), PKR (36), DAP (42), Amanah (11), Warisan (8), Pejuang and Muda (5), Parti Sarawak Bersatu (2) and UPKO (1).
Those with the government are Bersatu (32), PAS (18), Star (1), independent (3), MIC (1), MCA (2), PBRS (1), PBS (1), Gabungan Parti Sarawak (18).
According to Rafique, Muhyiddin was facing a similar situation as his predecessor Dr Mahathir Mohamad last year.
Mahathir had resorted to Article 43 (4) of the Constitution and tendered his resignation and the resignation of his entire Cabinet, Rafique said.
“Muhyiddin needs to inform his Majesty that his bloc has collapsed and to either dissolve the Parliament or prove that he still commands a majority,” he told FMT.
But, he said, Muhyiddin could also speak to individual MPs for support instead of party-based support which could see “the birth of a coalition that is based on the support of individual MPs”.
Muhyiddin could test his support through a motion of confidence in the House under rule 11 (3) of the Standing Order, said Rafique.
“He may do this immediately without having to wait till the scheduled July 26 sitting. Or he may take the middle ground and tender his resignation,” he said.
Another constitutional expert, Gurdial Singh, said that under Article 43 (4) it was obligatory for Muhyiddin to tender his resignation if there was evidence that he had lost the support of a majority of MPs.
“Once it becomes clear that Muhyiddin has lost his majority, then Article 43 (4) kicks in where the prime minister resigns,” he told FMT.
He said the King, under Article 43 (1) would normally call the next largest party to discuss who should be the new prime minister.
If no single party has a clear majority to run the government, Gurdial said the biggest party could seek an alliance to get the numbers.
Gurdial also said Muhyiddin could test his support through a motion of confidence in Parliament.
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