Wednesday, July 1, 2009

CAN THE KING DISMISS THE PRIME MINISTER


As posted by Dr. Mahathir Mohamad at Che Det on on June 30, 2009 8:04 AM

1) A lawyer sent me a long article on the above subject. He seems to be upset about some decisions made by the courts.

2) I cannot reproduce his long article but some extracts relevant to Malaysia merit attention by the Malaysian public who may be worried that the people's right to be governed by leaders of their own choice has been eroded.

3) Can the King dismiss the Prime Minister? The answer is;

4) No, if the political framework is that of Constitutional Monarchy and there are no express provisions in the Constitution. Additionally, Constitutional Conventions provides no precedent for the exercise of such a power.

5) The Malaysian Constitution;

Article 40 expressly provides that the Yang di-Pertuan Agong shall act on advice, and by Article 40(2), may act in his discretion in the performance of the following functions, that is to say;

a) the appointment of a Prime Minister;

b) the withholding of consent to a request for the dissolution of Parliament;

c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such meeting;

and in any other cases mentioned in this Constituion.

6) But the relevant article that will close the debate on whether the Agong can dismiss the Prime Minister is contained in Article 43(5) of the Constitution.

7) It provides as follows;

Subject to clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall be revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.

8) But, since the Prime Minister does not hold office at the pleasure of the Yang di-Pertuan Agong, it must follow that he cannot be dismissed by the King, but he has to resign from office if he fails to command the majority of the members in the House of Representatives.