KUALA LUMPUR – The Dewan Rakyat speaker should not be using the parliamentary standing orders to reject the no-confidence motion against the prime minister, said law expert Prof Datuk Shad Saleem Faruqi.
He told The Vibes that the standing orders are merely rules to regulate Dewan Rakyat proceedings and cannot override Article 43(4) of the Federal Constitution.
“The standing orders are not even ‘law’ but internal rules of the House. They were not passed by Parliament and do not qualify as law.
“The standing orders cannot override Article 43(4) of the Federal Constitution that deals with the issue of loss of confidence.
“The issue of confidence is not an internal matter but goes to the heart of a parliamentary democracy,” said Shad Saleem in a WhatsApp message.
Yesterday, Dewan Rakyat Speaker Datuk Azhar Azizan Harun had confirmed receiving a letter from Gua Musang MP Tengku Razaleigh Hamzah, dated September 24, questioning why the no-confidence motion was not debated during the previous sitting between July 13 and August 27.
Tengku Razaleigh, popularly known as Ku Li, had also urged Azhar to guarantee that a motion of no-confidence against Prime Minister Tan Sri Muhyiddin Yassin could be tabled in the Dewan Rakyat.
Later, in the statement, Azhar said a no-confidence motion would not take precedence if it was not received by a minister.
“I must point out that the no-confidence motion in the Dewan Rakyat’s standing orders is not unique to the system that we practice.
“In fact, the system practiced in Australia is almost similar to ours, where a no-confidence motion would not be expedited if it was not received by a minister,” he had said. – The Vibes, October 15, 2020
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