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Should The Yang Di-Pertuan Agong Sack the PM?

almost 2 years ago



So there you have it, there are now 1.2 million signatures on the Citizen's Declaration.

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Now, the whole thrust behind the declaration is to have the Yang di-Pertuan Agong (Agong) 'remove' our Prime Minister or perhaps create a perception for Malaysians that our Prime Minister's goose is cooked.

Now this is all just politics but what is the legal reality of such a move?

Agong's role in Malaysia

The roles of the Agong are outlined in Art 32 to Art 37 of the Federal Constitution of Malaysia. Nothing in articles 32 to 37 provides for the Agong to dismiss the PM.

Who Gets To Be PM?

Art 43 (2) (a): the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House

So whoever is able to command the majority of the Dewan Rakyat will be appointed as the PM.

How Is The PM Removed?

Art 43 (4) states: If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.

What this means is that once the incumbent PM is unable to obtain the support of the majority of MPs at the Dewan Rakyat, then the PM shall tender his resignation.

There is no involvement of the Agong in replacing a PM.

Let's see who is saying what:

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“Basically, it’s a democratic process. The monarchy has no power to ask Najib to step down. It’s up to the electorate to decide in the general election.” - Bukit Gelugor MP Ramkarpal Singh of DAP

This definitely supports the provisions in our constitution.

Flawed reasoning:

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“Anyone can ask someone to resign; it’s our constitutional right as citizens, and everyone, from the man on the street to the King, has this right. However, if the King were to advise Najib to resign, then of course it carries more weight.” - Gurdial Singh Nijar

The above statement is inane as Gurdial Singh had on 25th August 2014, stated that, the Sultan of Selangor has to adhere to the provisions of the Selangor Constitution when making his choice in appointing the new Mentri Besar.

So must the provisions of the Federal Constitution not be followed now? There is nothing that shows the PM has lost the majority support in the Dewan Rakyat.

Asking may be a prerogative, but if the prerogative has no legal effect then why do we bother?

The most important question

Do we want the royalty to be involved in politics?

Have many not criticised the royalty for interfering in politics when the 2009 Perak Constitutional crisis occurred?

Did many not also criticize the Sultan of Selangor about the selection of a new Selangor Mentri Besar?

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This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.