Unconstitutional, says ex-speaker on call for PMs to obtain confidence vote

FMT:

Unconstitutional, says ex-speaker on call for PMs to obtain confidence vote

Azhar Azizan Harun asks if there is a lack of trust in the King’s exercise of absolute power when appointing a prime minister.

Former Dewan Rakyat speaker Azhar Azizan Harun is in favour of a Fixed-term Parliament Act.


PETALING JAYA: A former Dewan Rakyat speaker has dismissed calls for the proposed Fixed-term Parliament Act (FTPA) to include a provision requiring a newly elected prime minister to subject himself to a confidence motion.

Azhar Azizan Harun said any attempt to make it mandatory for a newly appointed prime minister to obtain a vote of confidence in the lower house would run contrary to Article 43 of the Federal Constitution.

The constitutional framework vests complete discretion in the Agong to appoint someone who is likely to command the support of the majority of MPs as prime minister.

“Once appointed by the Agong, the newly appointed prime minister and Cabinet are clothed with legitimacy. Why do we then need the new prime minister to get a vote of confidence? Do we not trust the Agong’s exercise of his absolute power?” Azhar told FMT.

He was responding to a proposal by Projek SAMA, an initiative advocating institutional reforms, for the proposed FTPA to be accompanied by amendments to the Dewan Rakyat’s Standing Orders formalising the procedures for confidence motions.

Projek SAMA said the confirmatory vote of confidence would remove doubts as to the legitimacy of the appointment.

Azhar, also known as Art Harun, said while the Standing Orders could be amended to make the confidence vote mandatory, the validity of such changes would be questionable.

However, he supported the enactment of the FTPA as the law is designed to prevent a prime minister from calling a snap election at any time before the expiry of the five-year term without the approval of Parliament.

Such a requirement would help the Election Commission (EC) prepare for polls, including procuring ballot papers, training election workers and renting school halls.

It would also help the EC save costs as a snap election could see preparation costs surge due to the polls being called at the eleventh hour, said Azhar, a former EC chairman.

“It would be easier to prepare and properly plan for an election when it is fixed. The FTPA was something I was for when I was with the EC. It is quite good,” he said.

Azhar’s rejection of the proposal to require a prime minister to secure a confirmatory vote of confidence in the lower house was echoed by a government backbencher, who said it was “inappropriate”.

“We are a constitutional monarchy. It seems like they (Projek SAMA) are suggesting to do away with the function of the Agong, which is a sensitive topic,” said Kota Melaka MP Khoo Poay Tiong.