KUALA LUMPUR: The decision to table a motion of confidence in Prime Minister Tan Sri Muhyiddin Yassin at next month's Dewan Rakyat sitting is constitutional, former Federal Court judge Datuk Seri Gopal Sri Ram said.
From the legal point of view, Gopal said the Constitution required the government to prove its confidence in the House when all members of parliament are present.
"Just because some people say they don't support the government, doesn't mean it has crumbled because the 11 (members of parliament who claimed to have withdrawn their support) may change their minds when they enter the Dewan Rakyat in September," he said.
The 11 Umno MPs, along with party president Datuk Seri Dr Ahmad Zahid Hamidi, were said to have withdrawn their support for Muhyiddin on Tuesday, claiming the Pagoh MP had lost his majority in the Dewan Rakyat.
Gopal explained that there could also be a change of support among opposition MPs.
"MPs who don't want to go for a general election just yet may even support the government to avoid going to the polls. Such a thing can happen."
Echoing his view was the Bar Council's Constitutional Law Committee co-chair, Andrew Khoo, who said it was common for a sitting prime minister to be given a "reasonable" time to prove his majority in the House.
"I suppose it is a question of what constitutes a reasonable time. I suppose given the fact that we already have a scheduled meeting of Parliament starting on Sept 6, the Yang di-Pertuan Agong was of the view that it is a reasonable enough time (for Muhyiddin to prove his majority)," he said
"I don't think we have ever seen a sitting prime minister in Malaysia call a vote of confidence in himself. In some ways we are in uncharted waters."
Earlier, Muhyiddin said he would put the legitimacy of his position to the test when the Dewan Rakyat sits next month, where a motion of confidence in him will be tabled, adding that the Yang di-Pertuan Agong had consented to this suggestion.
Although providing time for a leader to prove his majority could lead to party-hopping in the coming month, Gopal said the law doesn't prevent aisle- crossing by MPs.
"The question is not whether what is happening is moral or not, but for me the question is whether it is legal or not," Gopal said.
In response to Zahid's announcement, Muhyiddin said yesterday that only eight of the 11 Umno MPs had informed Dewan Rakyat Speaker Datuk Azhar Azizan Harun that they wished to revoke their support for the prime minister.
Therefore, Muhyiddin said the issue of him resigning did not arise as he was confident that he still commanded the support of a majority of MPs at this time.
Political analyst Dr Ainul Adzellie Hasnul said Pas must make up its mind whether to stay in PN or stick to the Muafakat Nasional alliance ahead of next month's Parliament sitting.
He said Pas could no longer delay making this decision as it could be the determining factor for the party's direction in the ruling government.
"With the announcement (of the vote of confidence), the dissolution of Parliament and general election are out of the question until the vote of confidence takes place.
"They (Pas) have to choose between Umno and Parti Pribumi Bersatu Malaysia, which is the current ruling government.
"True, Pas needs Umno's support in the general election, but the 15th General Election will be a different ball game."
Eight of Pas's MPs hold ministerial and deputy ministerial posts, including secretary-general Datuk Takiyuddin Hassan, who is minister in the Prime Minister's Department; Datuk Tuan Ibrahim Tuan Man, who is environment and water minister; and, Datuk Dr Mohd Khairuddin Aman Razali, who is plantation industries and commodities minister.
Ainul said the next three weeks would be crucial for Muhyiddin prior to next month's motion of confidence.
He said the outcome of the vote would have a direct impact on the country's budget, which was traditionally tabled in October.
Ainul also questioned Zahid's decision to withdraw the party's support for PN.
"Will he throw his support behind (opposition leader Datuk Seri) Anwar Ibrahim? Regardless, he must place his party's interest above his own interest.
"Umno has been steadfast in its conviction against working with Anwar, PKR and DAP. Zahid cannot go against the party's will."