How a new Goverment is Formed...

by Tengku Razaleigh Hamzah.

In 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.

1. The incumbent Prime Minister is about to resign as he has solemnly promised to by the end of this month.

2. 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.

3. 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.

4. The new Prime Minister will name his cabinet and form the next government.

5. 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 re-state 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.

The choice is absolute but not arbitrary, since it is guided by the Constitution. The right is the Agong’s alone, but it can any time afterwards be tested by the Dewan Rakyat.

This system is democratic in that it provides for the Dewan Rakyat and the Ruler to check and balance each other’s powers in an orderly manner. The participants in this process are the Ruler and the individual members of parliament. Within the Dewan Rakyat, each member is accountable to his constituents as an individual. Political parties do not enter this description. The Agong’s concern is solely for the rakyat. In his formal capacity, His Majesty sees each member of the House only as representing his subjects in a particular constituency. This is why MP’s are referred to only by the constituencies they represent. Their party affiliation is no consideration at all.

Let me draw on some implications of this understanding of how our governments are formed.

1. Whatever undertakings the present prime minister has made with his deputy or with his party about his successor are external to the constitutional process. To think otherwise is to imagine that the prime ministership is a private property to be passed on from one potentate to another at whim. The behaviour of some leaders might have conveyed this unfortunate impression, and caused the public to find the party arrogant and out of touch.

2. The fact that the President of UMNO has also been appointed as Prime Minister is only a convention, as Tun Dr Mahathir, Tan Sri Muhyiddin Yassin and Datuk Seri Nazri Aziz have asserted recently. This convention was based on the assumption of Umno’s absolute dominance of Parliament. That condition no longer holds.

3. Statements in the media that it is the right of Umno and BN to dictate to the Yang Dipertuan Agong who should be Prime Minister deny the constitutional right of the Yang Dipertuan Agong, and deprive him of perhaps the most important of his few discretionary powers. Such statements turn the Agong’s role into a rubber stamp for the decisions of a political party. I am waiting for Umno to strongly denounce such statements, especially as we have recently rediscovered our concern for the rights of the Rulers.

Over the last quarter century, the rulers, like the legislature, the judiciary, the police, the universities and all our major public institutions, have had their powers systematically curtailed and their immunities removed to make way for unruly executive power. In the process, fundamental principles such as the separation of powers have been ignored. Umno itself has not been spared this process as it has become autocratic and top-down to the dismay of millions of ordinary members.

Over time the rakyat have been so conditioned to the abuse of executive power that many have forgotten that the government is more than the prime minister and his cabinet. Many have forgotten how a properly functioning government works and what the rule of law looks like. Perhaps this is why it is news to some that the Yang di-Pertuan Agong has an independent role to play, just as the judiciary and the legislature do.

Malaysia has fallen into a spiral of institutional and economic decline. If we are to save this country from long term and increasingly tragic deterioration, the next government appointed by the Yang di-pertuan Agong must not only be fully committed to restoring the Legislature, the Judiciary and the Rulers to their proper dignity and independence, it must be seen by the Malaysian public to be capable of doing so.