Can Umno call for a snap election?

Can Umno call for a snap election?
28 May, 2008

The Prime Minister can try to frustrate any attempt by Pakatan Rakyat of taking over the federal government by dissolving Parliament and calling for a snap Parliamentary election. In the end, however, it is up to the Agong to agree to this. And if the Agong does not agree then the Prime Minister has to resign.

NO HOLDS BARRED

Raja Petra Kamarudin

Umno and the Elections Commission are planning a snap Parliamentary election in the event not less than 30 Barisan Nasional Members of Parliament cross over to Pakatan Rakyat -- which will result in the ruling coalition losing its simple majority in Parliament. Can they do this? Well, let us study what the Federal Constitution of Malaysia has to say about the matter.

In the event not less than 30 Barisan Nasional Members of Parliament cross over to Pakatan Rakyat, Prime Minister Abdullah Ahmad Badawi will lose his majority in Parliament. In the event this happens, Article 43(4) of the Constitution says:

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.

This means:
1. When the Prime Minister no longer commands the majority in Parliament he can request that the Agong dissolve Parliament.
2. If the Agong does not dissolve Parliament then the entire Cabinet must resign.

Article 43(5) of the Constitution says:

Subject to Clause 43(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shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister, but any Minister may resign his office.

This means:
1. The Prime Minister must resign.
2. The rest of the Cabinet can continue to stay in office but at the pleasure of the Agong.
3. The rest of the Cabinet can, however, be sacked on the advice of the Prime Minister.
4. The Cabinet Members can, if they wish, resign.

Article 40a(2)(a) and 40a(2)(b) of the Constitution says:

40a(2) The Yang di-Pertuan Agong 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;

This means:
1. The appointment of the Prime Minister is the Agong’s discretion.
2. The Agong can refuse to dissolve Parliament.

Article 55(2) and 55(3) of the Constitution says:

55(2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.
55(3) Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.

This means:
1. The Agong can dissolve Parliament or can allow it to continue.
2. If Parliament is not dissolved then it shall continue for five years and then it becomes automatically dissolved.

In short, the Prime Minister can try to frustrate any attempt by Pakatan Rakyat of taking over the federal government by dissolving Parliament and by calling for a snap Parliamentary election. In the end, however, it is up to the Agong to agree to this. And if the Agong does not agree then the Prime Minister has to resign. The Prime Minister can also tender the resignation of the entire Cabinet but the Agong can either accept the resignation of the rest of the Cabinet or allow them to continue in office. The Cabinet Members can also resign together with the Prime Minister if they do not wish to stay in office.

The bottom line is, the power rests in the hands of the Agong, not the Prime Minister, so consider Umno and the Elections Commission warned.