Will a Minority Government work for Malaysia?
SO WHAT HAPPENS AFTER THE CURRENT CABINET COLLAPSES?
Parliament has 222 MP seats. When the incumbent Prime Minister leaves, he takes with him 100 MPs. That leaves 120 MPs. Two have died.
This demonstrates the principle that the Party with the most number of seats does not automatically have the constitutional right to govern the country.
THERE ARE TWO TYPES OF GOVERNMENT:
A majority government; and a minority one.
A majority of 112 MPs or more – is known as an ‘absolute majority’: that is different from the phrase ‘Special Majority’, which is a two-third majority.
WHAT IS A ‘MAJORITY GOVERNMENT?’
A majority government is formed when one party has won more than 112 MP seats in the Dewan Rakyat.
WHAT IS A MINORITY GOVERNMENT?
There, no party has a clear majority. The only way to govern is for several MPs to form a temporary alliance.
IS IT CONSTITUTIONAL? WHAT ABOUT THE ARGUMENT THAT THE CONSTITUTION DOES NOT ALLOW MINORITY GOVERNMENTS?
There is no basis for this argument.
Our constitution is silent it: but it also does not forbid it.
All that is needed is for more than 112MPs to express support for a single leader. This is the spirit of Art. 43(2). Many countries have done it. The coalition MPs must cross the Threshold Absolute Majority of 112 MPs or more.
HOW ARE MINORITY GOVERNMENTS FORMED?
By cooperation with component parties, on many fronts. They can do this by a ‘Confidence and Supply agreement’.
MUST CONFIDENCE AND SUPPLY AGREEMENT BE IN WRITING?
No.
WHY ARE THE WORDS ‘CONFIDENCE’ AND ‘SUPPLY’ USED?
‘Confidence’ means the minority parties agree to support the leading party’s leader as Prime Minister. Hence ‘Confidence’. So also they will support the government through its Budget. The budget is known as a ‘Supply Bill. Hence, ‘Supply’
HOW LONG DO THESE AGREEMENTS LAST?
Until the next election.
WHAT ARE THE USUAL TERMS IN THESE AGREEMENTS?
It depends on the party philosophies of the coalition members: mostly theyhavea ‘shared list of priorities’. Cabinet positions are shared. Minor parties will ask their favourite subjects to be treated in the way they promised their electorate.
HOW DOES IT WORK OUT – IN PRACTICE?
Usually the government cannot rely 100% on all the votes of its coalition members –especially for different Bills. Therefore – how many votes the Government may receive in the Dewan Rakyat – on any Bill under challenge, may change according to the subject matter of the Bill.
CAN SUCH AN AGREEMENT PREVENT THE GOVERNMENT CALLING AN ELECTION?
This is an inherent right.
Second, there is a legal argument that a Prime Minister who has lost a no-confidence motion has no right to advise the dissolution of Parliament – unless Parliament is unable to function or when no alternative government can be formed.
This argument is not applicable in Malaysia: there is no evidence that another Party cannot form a government or that Parliament cannot function despite being temporarily closed for disinfection.
HUNG PARLIAMENTS AND MINORITY GOVERNMENTS ARE COMMON
A single-party government is an aberration in many advanced countries.
Even in Westminster model countries, hung Parliaments are now the norm. Even the UK has had several hung parliaments.
DO COALITION GOVERNMENTS WORK?
Well, for example, the 2010 UK Coalition impressed many observers with its energy and clarity of vision. New Zealand coalitions have been exceedingly successful.
DISADVANTAGES: FLUIDITY LEADS TO INSTABILITY
Because of this constant pull and push tendency of different members of the coalition, there is always a fluidity in the Government’s Core Strength at different times during its tenure.
ARE TWO-PARTY SYSTEMS MORE SUCCESSFUL?
Not necessarily.
IN CONCLUSION…
Right now, the people are in trouble. The economy has taken a terrible beating.
There has been a total absence of leadership for over 27 months.
MPs are jumping parties purely to enrich themselves.
They are not interested in the affairs of the people.
An Emergency has been created for the survival of a party with no majority.
It has had a bloated Cabinet of Ministers, who have been busy feathering their own nests.
Such a government has no moral authority to remain in power.
And MPs who have supported the current government have no business sitting in any coalition with the opposition.
However, if it takes only a Coalition Government to pull through to the next election, we should not reject it.
GRATITUDE:
I thank the Japanese artist, En. Samad Hassan, the sacrificial research and scripting of Miss KN Geetha, Mr. JD Prabh Singh and Mr GS Saran.
MUSIC
Dark Guitar Background D52HLNZ AudioZen
Licensee: A Samad Hassan
Registered Project Name: GKtv Law
License Date: April 5th, 2021
Item License Code: A4652EDRQV
0 Comments