PETALING JAYA: The Prime Minister and the Cabinet stay intact until majority votes are cast against them in the Dewan Rakyat, but dissolution is still at the discretion of the Yang di-Pertuan Agong, says former Federal Court judge Datuk Seri Gopal Sri Ram.

       He added that besides appointing a Prime Minister and calling for a meeting of the Council of Rulers, the King can refuse a dissolution of the Parliament even if the Prime Minister requests for it.

       “If the Prime Minister receives a vote of confidence from the majority of MPs, then he remains in power.

       “If a vote of no confidence succeeds, then the Prime Minister is bound to advise the King to dissolve the Parliament.

       “However, the King has complete discretion to refuse dissolution. In that event, the PM and his Cabinet must resign.

       “If then the King wants to avoid a general election, he will call for another person who in his judgement is likely to command the confidence of the Dewan Rakyat.

       “It is then up to that person as Prime Minister to appoint his Cabinet.

       “If it is a minority government, he has to prove confidence in the House again to justify his appointment,” said Sri Ram.

       He also said that if the King agrees to a dissolution, there is no way of delaying the general election which must take place within 60 days as stated in the Federal Constitution.

       “It is a caretaker government in place once there is a dissolution of the Parliament,” he added.

       He said elections can only be postponed in a state of emergency, and a caretaker government cannot advise the King for a state of emergency.

       The King has no absolute discretion to declare a state of emergency without advice from the Prime Minister, he added.

       Constitutional expert Datuk Dr Shamrahayu Abdul Aziz said a motion of confidence is a means of showing the Prime Minister has the support of the House.

       “It will be debated and then the MPs will vote,” she added.

       She said if the Prime Minister does not get enough votes in the Dewan, he can tender his resignation or ask for a dissolution.

       “If the King agrees, then the general election will take place,” said Shamrahayu.

       However, she pointed out that dissolution is at the absolute discretion of the King, and he can appoint a new leader whom he believes has the support of the House.

       Political analyst Prof Dr Sivamurugan Pandian from the School of Social Sciences at Universiti Sains Malaysia said that if the Prime Minister manages to garner enough support, it would be best for all parties to move forward and not politicise the issue.

       However, if there are not enough votes, the King would have several options including dissolving the Parliament or appointing a caretaker Prime Minister, he added.

       Dr Sivamurugan said there could also be a new realignment among political parties or perhaps the formation of a new grand coalition.

       Whatever the outcome, it is vital to have stability and certainty for the country to address the challenges brought by the Covid-19 pandemic, he added.

       He also said the motion of confidence will provide a temporary solution at this point for the ongoing political crisis, since no political party can claim to have a solid majority in the Dewan Rakyat.