KUALA LUMPUR: An interim prime minister has the right to request for the Yang di-Pertuan Agong to consent to the formation of a small cabinet, but a caretaker prime minister does not, legal experts said.
Lawyer Mohamed Haniff Khatri Abdulla said while the king is still in the process of making his decision on appointing a new prime minister, the country must "appear to be running".
"An interim prime minister has the right to ask (the king) to form a small cabinet which (former premier) Tun Dr Mahathir Mohamad did not do last year (when he resigned and was appointed interim prime minister).
"On the other hand, a caretaker prime minister has no power to ask for that (small cabinet) at all," he told the New Straits Times.
International Islamic University Malaysia legal adviser Prof Dr Nik Ahmad Kamal Nik Mahmod explained that as the current caretaker prime minister, Tan Sri Muhyiddin Yassin would have to lead the government machinery, ministries and civil servants.
"The caretaker prime minister is a very short-lived post. He will be assisted by the chief secretary to the government and the civil service.
"We still need to get the government going and there will be letters to be signed and the government machinery needs to run as usual, hence, the reason for a caretaker or an interim prime minister.
"But he or she cannot make new policies," he said.
At the same time, Nik Ahmad also said that a caretaker prime minister was answerable to parliament.