Life is larger than the law, people…
On the appointment of Tun Dr Mahathir Mohamad as the interim prime minister, this is what Prof Shad Saleem Faruqi had to say and I concur with him.
Attorney General Tan Sri Tommy Thomas is right. Words like “skewed interpretation” to describe his view are unfair. May be disagreeable but not skewed. Kindly take note:
1. Life is larger than the law. In constitutional law, conventions apply, especially Westminster conventions. There are many of such conventions operating in our country, example the post of deputy prime minister.
2. If a vacancy arises as the PM dies, resigns, is voted out on the floor, disappears during a swim (Australia) or is expelled from the ruling majority party (Indira Gandhi in India) or is dismissed by the GG (Whitlam in Australia), the King’s chief constitutional adviser’s position becomes vacant.
3. If there is a clear-cut alternative leader, right away he/ she should be anointed, for example, like how Tun Hussein Onn ascended the premiership following Tun Abdul Razak’s demise.
4. if on the other hand, if there is intense competition within the ranks, and no clear-cut towering personality, then what should the King do? Rule on his own? Dissolve the House and call for an election?
Both courses would be unconstitutional. The King has to have someone – call him what you like – interim, caretaker, provisional, Acting- to advise the King whether to dissolve or not and to attend to the affairs of the nation.
5. You are absolutely right that the Constitution in 43(2) does allow for a caretaker after dissolution.
6. By analogy, we read the same power when there is an unexpected vacancy for any reason whatsoever.
7. Not only in the UK, in India, Australia and many countries with written constitutions, interim PM’s have been appointed till the post is filled.
8. Please beware: the alternative to an interim is that in situations of political uncertainty and vacancy of the PM’s post, the King will rule the country in person.
9. As to the Cabinet – yes, in our system, once the PM goes, his Cabinet goes. Note Article 43(4) of the Federal Constitution and the case of Amir Kahar in Sabah.
Siti Kasim is an activist cum lawyer
