SHAH ALAM - An constitutional expert says the King may meet a leader with 112 MPs first to form a government with a simple majority.
Bastion Pius Vendargon said theYang-di-Pertuan Agong only needs to meet the other political leader if he is in doubt.
"There is no prime minister and Cabinet in place at the moment. The King exercises in his own judgement backed with evidence. If it is shown evidence the leader says he has 112 simple majority, he meets him first.
"If the King is satified, he has to conclude the man has the confidence of the Dewan Rakyat," he told Sinar Daily.
This is because he said only one leader would command 112 seats.
For instance, he said if one coalition says they support Anwar Ibrahim as the prime minister without joining forces, it means Anwar would command a simple majority, adding that the two coalition could sign an agreement to work together.
Pakatan Harapan won 82 seats last night. Barisan Nasional won 30, Perikatan Nasional won 51 seats, Pas (22), GPS (22), DAP (5), Independent (2), Muda (1), KDM (1) and Parti Bangsa Malaysia (1).
For instance, he said if Pakatan Harapan were to join forces with Barisan Nasional, they would form a simple majority of 112.
"The person who commands a simple majority of 112 can seek an audience with the King because simple math would tell us that only one leader could have a simple majority," he added.
Vendargon said with anti-hopping laws implemented, MPs are no longer able to switch camps and as long as a coalition supports a leader to form a simple majority, it would fulfil the requirement to seek an audience with the King.
Vendargon further said the prime minister's strength could be tested in Dewan Rakyat.
"As soon as the Cabinet is formed, his earliest order of business could be to test his majority in Dewan Rakyat," he added.
Article 40(2) allows the Yang di-Pertuan Agong to act in his own discretion in relation to the following functions on the appointment of the Prime Minister.
He said it should be read along with Article 43(2)(a) of the Federal Constitution that states that the Yang di-Pertuan Agong shall appoint as prime minister to preside over the cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House.
Bastion Pius Vendargon said theYang-di-Pertuan Agong only needs to meet the other political leader if he is in doubt.
"There is no prime minister and Cabinet in place at the moment. The King exercises in his own judgement backed with evidence. If it is shown evidence the leader says he has 112 simple majority, he meets him first.
"If the King is satified, he has to conclude the man has the confidence of the Dewan Rakyat," he told Sinar Daily.
This is because he said only one leader would command 112 seats.
For instance, he said if one coalition says they support Anwar Ibrahim as the prime minister without joining forces, it means Anwar would command a simple majority, adding that the two coalition could sign an agreement to work together.
Pakatan Harapan won 82 seats last night. Barisan Nasional won 30, Perikatan Nasional won 51 seats, Pas (22), GPS (22), DAP (5), Independent (2), Muda (1), KDM (1) and Parti Bangsa Malaysia (1).
For instance, he said if Pakatan Harapan were to join forces with Barisan Nasional, they would form a simple majority of 112.
"The person who commands a simple majority of 112 can seek an audience with the King because simple math would tell us that only one leader could have a simple majority," he added.
Vendargon said with anti-hopping laws implemented, MPs are no longer able to switch camps and as long as a coalition supports a leader to form a simple majority, it would fulfil the requirement to seek an audience with the King.
Vendargon further said the prime minister's strength could be tested in Dewan Rakyat.
"As soon as the Cabinet is formed, his earliest order of business could be to test his majority in Dewan Rakyat," he added.
Article 40(2) allows the Yang di-Pertuan Agong to act in his own discretion in relation to the following functions on the appointment of the Prime Minister.
He said it should be read along with Article 43(2)(a) of the Federal Constitution that states that the Yang di-Pertuan Agong shall appoint as prime minister to preside over the cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House.