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ARTICLE 43(1) of the federal constitution envisages that there must always be a cabinet of ministers to advise the Yang Di-Pertuan Agong “in the exercise of his functions”.
The king cannot be without a cabinet of ministers at any point of time during his term of office. Which is why Article 43(2) mandates the king to (a) first appoint as prime minister to preside over the cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and (b) on advice of the prime minister appoint other ministers from among the members of either House of Parliament – that is, MPs and senators.
Which is why, again, the concept of a caretaker government does not arise if a sitting prime minister resigns – following which his cabinet of ministers resigns with him – if there is no dissolution of Parliament.
The concept itself is not found in the federal constitution. Only that it is based on conventions, and conventions are the unwritten rules and are part of the constitution.
Accordingly, one can agree on a caretaker government. But, in our constitutional context, it should be a caretaker cabinet of ministers and not just a caretaker prime minister. Until a new prime minister is appointed – one who meets the requirement of Article 43(2) – a caretaker cabinet of ministers needs to be appointed in accordance with Article 43(2)(b).
This is where, it is hoped, that caretaker prime minister Muhyiddin Yassin will advise the king to appoint a war cabinet of ministers that is small and, importantly, a unity cabinet, until a new prime minister and a new cabinet of members are appointed. – August 16, 2021.
*Hafiz Hassan reads The Malaysian Insight.
* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight.