KUALA LUMPUR: There is no automatic assumption of office on gaining a majority, even if that majority is a fact, say experts.
They believe that in the case of opposition leader Datuk Seri Anwar Ibrahim claiming that he has enough support from the Dewan Rakyat to form a new government, the appointment of a prime minister must be formally made by the Yang di-Pertuan Agong.
Constitutional law expert Professor Datuk Dr Shad Saleem Faruqi said while the king's discretion was not unlimited, he, however, did have some judgment calls.
"These include whether the incumbent has lost the majority and was this on the floor or outside the Dewan Rakyat," he said.
Citing the case of former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin during the 2009 Perak Crisis as a precedent, Shad said the king could take note of factors or facts outside the house.
He said that even if the majority was lost, the king still had several choices.
"First, the loss of the majority by one person does not necessarily mean a gain of the majority by the opposition leader because there may be leadership disputes.
"Second, the incumbent may advise dissolution and the king may accept or reject it. Third, if he refuses dissolution, it is his good judgment to determine who is likely to command the confidence of the majority of the members. Lastly, in a hung Parliament like in February, the king's discretion can change the course of history."
On Wednesday, Anwar, who is PKR president, announced that he had obtained a "strong, formidable and convincing" support from members of parliament (MPs) to form a new government.
The Port Dickson MP said with the support he had, this meant the government currently being led by Prime Minister Tan Sri Muhyiddin Yassin had collapsed.
Anwar said he was supposed to have an audience with the king, but it was postponed as the latter was receiving treatment at the National Heart Institute.
Meanwhile, another constitutional law expert Associate Professor Dr Shamrahayu Abd Aziz, said for Anwar to present the numbers he has to the king, he must prove that he is representing the majority of the MPs.
"If we look at the provisions of the Constitution, it is not stated that anyone else, except the prime minister, can seek the king's audience if he is convinced that he has lost the majority's confidence.
"Therefore, Anwar must prove that he is representing the majority of the MPs. Only then may he seek an audience with the king," she said.
To a question on whether Muhyiddin should seek an audience with the king, she said; "Legally speaking, Muhyiddin has no obligation (to do so)."
Political analyst Dr Ainul Adzellie Hasnul said from the Constitution's point of view, there was no law prohibiting a politician from announcing that he or she had the majority support from the Dewan Rakyat.
"When somebody announces that he or she has the majority to take over the present government, he or she should first have an audience with the king. However, in this case, what Anwar did was in haste.
"There is something fishy when he said that he had (enough) support to become the prime minister. You have to remember what happened during the Sheraton Move. There was uncertainty after both sides claimed that they had the numbers."
The crucial point, he said, was that the king had the prerogative to ensure a party or a coalition had a simple majority to form a government.
He said Muhyiddin, however, did not appear to be playing along with Anwar's game.
"If Muhyiddin was alarmed over what happened on Wednesday, he would have pressed the 'panic button'. Instead, he announced the Kita Prihatin economic stimulus package.
"Muhyiddin appears to be more concerned about the people.
"With the bank loan moratorium about to end soon, which will see people repaying their loans, he seems more concerned with the welfare of the Malaysians than what Anwar is doing."