PM’s confidence vote: a debate between written and unwritten laws – Rajan Navaratnam

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“Constitutional conventions provide the flesh that clothe the dry bones of the law; they make the legal constitution work; they keep it in touch with the growth of ideas.” – Sir Ivor Jennings


THERE have been calls for the prime minister to table a motion of confidence when Parliament reconvenes in order for the premier to demonstrate to the members of the House of Representatives, and by extension, to the rakyat that he has the support of the majority of MPs as required under the federal constitution.

Fundamentally, a motion of confidence, which is the reverse to a motion of no confidence, is to evince to Parliament that the prime minister commands the majority of the members of the Dewan Rakyat.

However, there is no requirement in the federal constitution that the prime minister, after having been elected by the Yang Di-Pertuan Agong upon the resignation of Tan Sri Mahiaddin and before a general election is called, must table a motion of confidence to prove that he commands the majority of the house

When the previous prime minister had resigned, and the seat of the prime minister became vacant, the power to appoint Datuk Seri Ismail Sabri Yaakob as the new prime minister was solely at the king’s discretion in accordance with Article 43(2) of the federal constitution.

In this regard, in conformity with the federal constitution, all that is required of the king, in exercising his discretion, is solely for His Majesty and no other person to be satisfied that the newly elected prime minister, in His Majesty’s opinion, commands the confidence of the majority of MPs.



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