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2008/05/16
Dewan Rakyat: PM cannot be dismissed on a whim, says Najib
By : V. Vasudevan, B. Suresh Ram, Eileen Ng, R.S. Kamini, Ili Liyana Mokhtar and Joseph Sipalan
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A STACK of single-page flyers left mysteriously at the Parliament press centre caused some excitement among MPs but no one claimed responsibility or knowledge of it.

Among others, the flyer touched on grounds for the dismissal of the prime minister, formation of a caretaker government, loss of the two-thirds majority and anti-defection law.

In an immediate reaction, Deputy Prime Minister Datuk Seri Najib Razak said the position of the prime minister was determined by the Federal Constitution and he could not be dismissed on a whim.

Reporters who arrived at the press centre were surprised to see the flyers there.

The flyer, which has no heading, addresses critical constitutional questions about the role of the Yang di-Pertuan Agong, the prime minister, the government, and the possible administrative scenario in the country if for some reason emergency had to be declared.



Six topics were addressed under the headings: Dismissal of PM; No extra parliamentary dismissal is possible; Caretaker government; Loss of two-thirds majority; Anti-Defection Law; and An Emergency Ordinance.

On the topic of dismissal of the PM, the flyer states that the Yang di-Pertuan Agong had no power to dismiss the prime minister but if he ceases to command the confidence of the Dewan Rakyat, the prime minister must either submit the resignation of his entire government or advise the king to dissolve the Dewan Rakyat and call for fresh elections.

The king can, however, refuse the advice to dissolve the Dewan Rakyat but appoint someone else who, in the his judgment, is likely to command the confidence of the lower house.

The flyer further states that if the prime minister who loses a "snap vote" is able to re-group his supporters and build a majority, he is eligible to be reappointed.

Under the topic, Loss of two-thirds majority, the flyer states that this does not hamper law-making.

In Britain, governments come to power with less than 50 per cent of popular vote, the flyer states.

The flyer also notes that this is not the first time the Alliance/Barisan Nasional did not gain a two-thirds majority. In 1969, the Alliance failed to secure more than 50 per cent of the popular vote and failed to obtain a two-thirds majority but Tun Abdul Razak ruled the country from Feb 20, 1971 to the 1974 elections with a simple majority.

 
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