Want to avoid hung parliament? Study the Italian way

SHAH ALAM – A hung parliament can be avoided by amending the Federal Constitution so as to enable a Prime Minister to be appointed from the party that wins the most number of seats as opposed to the current system of a simple majority.

However, the amendment needed to be properly and thoroughly studied to avoid the risk of having the formed government falling to function due to its inability to gain a vote of confidence in Dewan Rakyat.

Universiti Islam Antarabangsa Malaysia Constitutional Expert Professor Dr Nik Ahmad Kamal Nik Mahmood said it was important that there be a consensus from all parties before a government is appointed.

He said it was similar to the minority government system that was practiced in Italy where all parties were invited to give their views and confirm whichever coalition had received the largest majority to form the government.

“We need to amend the Federal Constitution to avoid or overcome a hung parliament. We must think of it from that point of view.

“If the Parliament was hung, if there was a legal provision like in Italy, the Yang di-Pertuan Agong will call out all the party blocs involved.

“They needed to present their case. Will there be a unity government or not, will one majority bloc be created?

“It meant that a consensus must be reached before the appointment of the government at its highest level.

"Afterwards, the government would be formed and the prime minister is sworn in,” he said to Sinar on Tuesday.

He also pointed out on the need to also amend the Federal Constitution by adding in a new provision to allow the party that wins the most seats in a general election must be invited by the Agong to form the government.

Under the current system, one can only to be elected as a prime minister if their coalition gained over 50 per cent or at least 112 of the 222 parliamentary seats.

However, Nik Ahmad Kamal cautioned that a minority government has many weaknesses, in addition to being considered fragile compared to a coalition government because it will always be shrouded in fear of failing to get the vote of confidence.

“However, support can be made through a Memorandum of Understanding (MoU) through a Confidence and Supply Agreement (CSA),” he explained.