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Politics & government

[1784] Of the process that entails defection

Far too many people are debating the morality of the political defection as advocated by the Pakatan Rakyat. Relentless debates have made the matter clear. The question of who is standing on which side is also easily answerable. The less talked about however is the process that entails the political defection.

How exactly power would change after defection has not been answered in a satisfactorily manner.

That changed today with an article by Malik Imtiaz Sarwar.

He lays six points which need consideration.

First is the requirement for the Prime Minister to command the majority confidence of the Dewan Rakyat.

Second is the two options which the “Prime Minister who no longer commands the confidence of the majority” has: a fresh election or resignation.

Thirdly is the way, or really the lack of rule or precedent, in gauging how much confidence the Prime Minister commands. A vote of confidence is not the only option and the government could resort to filibustering. Also noted is the power of the Agong in resolving the crisis of confidence.

The fourth addresses a situation where the Agong demands a vote of confidence and the responsibility of the Speaker of the Dewan Rakyat to execute the demand.

The fifth point relates to a situation where there is a need to call for a vote but yet, the Parliament is not in session or in sitting. How the Parliament is to be summoned is the central problem, especially so when while the Agong can demand it, the summoning itself is dependent on the advice of the Prime Minister. Without the advice, there can be no sitting and hence, no voting. Malik Imtiaz Sarwar however questions this and opines that the Agong’s responsibility is to ensure that the Prime Minister is he whom commands the confidence of the House while the Speaker is answerable to the Agong.

Sixth is the possibility of the Agong skipping the whole process of voting and simply appoint a new Prime Minister which commands the confidence of the majority.

He ends his thought by, I think, referring to a case which I have pointed out earlier.

On my end, while I am supportive of the defection, I demand that it follows the process which has been laid out. I personally believe that the process is reasonable and rights of those affected by the process must be respected. Adherence to the process is essential if we are sincerely interested in orderly transfer of power.

By Hafiz Noor Shams

For more about me, please read this.

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