I REFER to Rajan Navaratnam’s article titled “What is a caretaker government?”.
He explained a caretaker government well. Hats off to him.
Article 43(1) of the federal constitution envisages that there must always be a cabinet of ministers to advise the Yang di-Pertuan Agong “in the exercise of his functions”.
The king cannot be without a cabinet at any point in time during his term of office. Which is why Article 43(2) mandates the king to: a) first appoint as prime minister to preside over the cabinet a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the House, and b) on the advice of the prime minister, appoint other ministers from among members of either the Dewan Rakyat or Dewan Negara.
Which is why, again, the concept is about a caretaker government, not just a caretaker prime minister. Further, the concept does not arise if a sitting prime minister resigns – following which, his cabinet resigns with him – if there is no dissolution of Parliament.
As rightly explained by Rajan, the concept itself is not found in the constitution, only that it is based on conventions, and conventions are the unwritten rules and part of the constitution.
Accordingly, one can agree on a caretaker government. But, in our constitutional context, it should be a caretaker cabinet, and not just a caretaker prime minister. Until a new prime minister is appointed together with a cabinet that meets the requirement of Article 43(2), a caretaker cabinet needs to be appointed.
Otherwise, all ministerial powers will be devolved in a caretaker prime minister. He alone has all ministerial powers.
Imagine that a detention order is needed between now and the appointment of a new cabinet; it will have to be signed by Tan Sri Muhyiddin Yassin. There is no home minister.
Imagine an order is needed to be made under the Prevention and Control of Infectious Diseases Act 1988; it will also have to be signed by Muhyiddin. There is no health minister.
We can go on and on.
It cannot be the intention of the framers of the constitution that executive or ministerial powers are devolved in one man. A caretaker prime minister without his cabinet is arguably unconstitutional.
Which is why it is incumbent on political leaders who are to meet the Agong today to agree on an MP who has the confidence of the majority.
Otherwise, they may agree on Muhyiddin as caretaker prime minister who will advise the Agong to appoint a caretaker cabinet.
It should be a caretaker war cabinet – small in number – and a unity cabinet. – The Vibes, August 17, 2021
Hafiz Hassan reads The Vibes
